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Alpesh Navinchandra Shah Vs. State of Maharashtra and ors.

Court : Supreme Court of India

Subject : Criminal

Acts : Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 - Sections 3(1), 8 and 28AA; Customs Act, 1962 - Sections 102, 111, 127B to 127J and 142; Income Tax Act, 1961; Central Excise Act, 1944 - Sections 32A and 32D; Indian Penal Code (IPC), 1860 - Sections 120B and 420; Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 123; Customs Tariff Act, 1975 - Sections 110; Constitution of India - Articles 21 and 32

Reported in : JT2007(3)SC630; 2007(3)SCALE598; (2007)2SCC777

of Settlement Commission and the provisions relating to the Settlement Commission came into effect vide Act 21 of 1998, Section 102 w.e.f. 01.08.1998. In the Finance Bill of 1998, Clause 105 seeks to insert Chapter in the Customs … setting aside the order of detention dated 12.01.2005 under COFEPOSA Act, 1974 issued against the petitioner by respondent No. 2 -Principal Secretary (Appeals and Security), Government of Maharashtra, Mumbai.2. The petitioner was detained under Section 3(1) of the … passing any order under Sub-section (7) and, in relation to the passing of such order the provisions of Section 32D of the Central Excise Act, 1944 shall apply.(9) Every order passed under Sub-section (7) shall provide for the