Hitesh Bhanuprasad Soni and Vs. Union of India and ors. - Court Judgment

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Subject	Company
Court	Gujarat High Court
Decided On	Jan-29-1988
Case Number	In Spl. C.A. Nos. 240 and 554 of 1987
Judge	R.C. Mankad,; R.J. Shah and; S.B. Majmudar, JJ.
Reported in	[1989]66CompCas744(Guj); (1988)1GLR525(GJ); (1988)1GLR756(GJ)
Acts	Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 - Sections 3(1) and 3(3); Customs Act, 1962 - Sections 108; Gold Control Act, 1968; Constitution of India - Article 22, 22(4) and 22(5); Preventive Detention Act, 1960 - Sections 8
Appellant	Hitesh Bhanuprasad Soni and ;chatursinh Halubha Jadeja
Respondent	Union of India and ors.

Excerpt:

company - grounds of detention - sections 3 (1) and 3 (3) of conservation of foreign exchange and prevention of smuggling activities act, 1974, section 108 of customs act, 1962, gold control act, 1968 and articles 22, 22 (4) and 22 (5) of constitution of india - whether it is obligatory while serving grounds of detention to inform detenue that he has right of personal hearing - reference to precedents - failure to inform such vital information to detenue would result in infraction of article 22 (5) - order of detention would be invalidated - obligatory on detain ing authority while serving grounds of detention to apprise detenue of his right of personal hearing. - order of the court 86. the questions referred to this bench by the divisional bench shall stand answered and the petitions shall stand disposed of as per the majority view. 87. in the result, special criminal application no. 240 of 1987 is rejected and rule issued therein is discharged. special criminal application no. 554 of 1987 is allowed and rule is made absolute. the detenu in the said special criminal application no. 554 of 1987 is ordered to be released forthwith, if not otherwise to be detained in connection with any other case.88. ordered accordingly.

OF THE COURT