DHARMENDRA SUGANCHAND CHELAWAT Vs. UNION OF INDIA
LAWS(SC)-1990-2-60
SUPREME COURT OF INDIA (FROM: DELHI)
Decided on February 09,1990

DHARMENDRA SUGANCHAND CHELAWAT THROUGH HIS SISTER KM.ARCHANA CHELAWAT SUGANCHAND KANHAIYYALAL CHELAWAT THROUGH HIS DAUGHTER KM.ARCHANA CHELAWAT Appellant
VERSUS
UNION OF INDIA Respondents





Cited Judgements :-

TAWSEEF AHMAD LONE VS. STATE OF JAMMU AND KASHMIR [LAWS(J&K)-2019-11-28] [REFERRED TO]
SABOOR-UL-HAQ MALLA VS. STATE OF J&K [LAWS(J&K)-2020-10-22] [REFERRED TO]
AMJAD KHAN VS. STATE [LAWS(J&K)-2020-3-44] [REFERRED TO]
W RANJITH THAMEL VS. UNION OF INDIA [LAWS(MAD)-2000-10-86] [REFERRED TO]
R Natesan VS. State of Tamilnadu [LAWS(MAD)-2004-3-326] [REFERRED TO]
WONDER M. SANGMA VS. STATE OF MEGHALAYA AND ORS. [LAWS(MEGH)-2015-6-19] [REFERRED TO]
RUKUMANI DEVI BALASINGAM VS. JOINT SECRETARY TO GOVT OF INDIA MINISTRY OF FINANCE DEPT OF REVENUE [LAWS(MAD)-1991-3-12] [REFERRED TO]
JAYALAKSHMI VS. STATE OF TAMIL NADU [LAWS(MAD)-1992-9-64] [REFERRED TO]
NONGMAITHEM (O) ROMI DEVI VS. THE UNION OF INDIA AND ORS. [LAWS(MANIP)-2015-4-6] [REFERRED TO]
GHULLA SINGH VS. SECRETARY, GOVERNMENT OF PUNJAB [LAWS(P&H)-1994-9-78] [REFERRED TO]
NARESH KUMAR ALIAS PAPPU VS. JOINT SECRETARY TO GOVERNMENT OF INDIA [LAWS(P&H)-1996-3-119] [REFERRED TO]
SUMAR KHAN VS. STATE [LAWS(RAJ)-2000-7-54] [REFERRED TO]
CHANDAN VS. STATE OF M P [LAWS(MPH)-2012-1-154] [REFERRED TO]
MADHU GARG VS. UNION OF INDIA [LAWS(P&H)-2004-4-8] [REFERRED TO]
BANWARILAL SHARMA VS. STATE OF ASSAM [LAWS(GAU)-1996-10-4] [REFERRED TO]
BURHANUDDIN PAHEVALI BILASPURWALA VS. ADMINISTRATOR OF UNION TERRITORY OF DELHI [LAWS(DLH)-1993-3-55] [REFERRED]
RASOLUL EBADI (THROUGH HIS FRIEND, MR. RAJA SABERI) VS. ADMINISTRATOR, UNION TERRITORY OF DELHI [LAWS(DLH)-1990-5-45] [REFERRED TO]
RAMESH D SHAH VS. UNION OF INDIA [LAWS(DLH)-1991-4-46] [REFERRED 2.]
FAZAL S/O SIKANDAR PATEL VS. STATE OF MAHARASHTRA [LAWS(BOM)-2014-7-87] [REFERRED TO]
RAM GOPAL VS. UNION OF INDIA [LAWS(DLH)-2002-10-79] [REFERRED]
SANJAY RAJENDRA SHARMA AND SUNIL CHHIBBER VS. UNION OF INDIA [LAWS(DLH)-2000-10-34] [REFERRED]
NASIR ABDUL FARID KHAN VS. D N JADHAV COMMISSIONEROF POLICE [LAWS(BOM)-2008-2-68] [REFERRED TO]
YOGESH ALIAS GANJA ALIAS MENTAL VS. STATE OF U.P. AND OTHERS [LAWS(ALL)-1994-10-119] [REFERRED TO]
SAHIDALI JAKIRALI SAYED VS. STATE OF MAHARASHTRA [LAWS(BOM)-2001-10-43] [REFERRED TO]
MOHD NABI AHAMED NABI KURESHI VS. A N ROY [LAWS(BOM)-2006-7-36] [REFERRED TO]
VIJAY RAJENDRA PATIL VS. COMMISSIONER OF POLICE, NASHIK [LAWS(BOM)-2021-6-80] [REFERRED TO]
SHEKHU (DETENUE) AND ORS. VS. DISTRICT MAGISTRATE AND ORS. [LAWS(ALL)-2015-11-55] [REFERRED TO]
CHANDA VS. DISTRICT MAGISTRATE LUCKNOW [LAWS(ALL)-2003-8-233] [REFERRED TO]
KAMLESH PATHAK VS. DISTRICT MAGISTRATE AURAIYA [LAWS(ALL)-2009-7-96] [REFERRED TO]
DESH RAJ VERMA VS. STATE OF UTTAR PRADESH [LAWS(ALL)-2004-2-103] [REFERRED TO]
SATISH VS. UNION OF INDIA [LAWS(ALL)-2006-9-13] [DISTINGUISHED]
CHAND VS. STATE OF U.P. [LAWS(ALL)-2017-5-273] [REFERRED TO]
DEEPU ALIAS KULDEEP YADAV VS. UNION OF INDIA AND 5 OTHER [LAWS(ALL)-2017-11-250] [REFERRED TO]
GYANCHANDRA PANDEY VS. ADHIKSHAK, JANPAD KAARAGAAR AND ORS. [LAWS(ALL)-2015-9-34] [REFERRED TO]
STEP ON PADHAN ALIAS MALLICK VS. STATE OF ORISSA AND ORS. [LAWS(ORI)-2003-9-65] [REFERRED TO]
STEP ON PADHAN ALIAS MALLICK VS. STATE OF ORISSA AND ORS. [LAWS(ORI)-2003-9-65] [REFERRED TO]
BANOTH VENKANNA VS. STATE OF TELANGANA [LAWS(TLNG)-2020-7-27] [REFERRED TO]
HAWABI SAVED ARIF SAYED HANIF HAWABI SAYED ARIF SAYED HANIF VS. L HMINGLIANA:L HMINGLIANA [LAWS(SC)-1992-10-15] [RELIED ON]
ROHIT JHA VS. THE STATE OF BIHAR THROUGH THE HOME SECRETARY AND ORS. [LAWS(PAT)-2013-3-93] [REFERRED TO]
K M ABDUL HAMEED, S/O MOHAMED KUNJI VS. UNION OF INDIA [LAWS(KER)-2002-12-77] [REFERRED]
RAJENDRAN ALIAS GIRI VS. STATE OF TAMIL NADU [LAWS(MAD)-1990-11-17] [REFERRED TO]
KANNAN ALIAS KANNAPPAN VS. STATE OF TAMIL NADU [LAWS(MAD)-1991-2-2] [REFERRED TO]
KALI VS. COMMISSIONER OF POLICE MADRAS CITY [LAWS(MAD)-1991-3-8] [REFERRED TO]
M MARIMUTHU VS. JOINT SECRETARY TO THE GOVERNMENT OF INDIA [LAWS(MAD)-1991-8-92] [REFERRED TO]
BHAWANI SINGH VS. DEPUTY SECRETARY GOVT OF PUNJAB [LAWS(P&H)-1996-4-35] [REFERRED TO]
CHHENU ALIAS YUNUS VS. STATE OF M P [LAWS(MPH)-2010-7-34] [REFERRED TO]
OMPRAKASH VS. STATE OF M P [LAWS(MPH)-2012-4-86] [REFERRED]
ABDUL SATTAR VS. STATE OF PUNJAB [LAWS(P&H)-1990-7-54] [REFERRED TO]
Surya Prakash Sharma VS. State of U.P. [LAWS(MPH)-1994-8-56] [REFERRED TO]
DALBIN N. MARAK AND ORS. VS. STATE OF MEGHALAYA AND ORS. [LAWS(MEGH)-2015-4-5] [REFERRED TO]
ISHFAQ HUSSAIN BEIGH VS. STATE OF JAMMU AND KASHMIR [LAWS(J&K)-1998-12-7] [REFERRED TO]
AB RASHID MIR VS. STATE OF J&K [LAWS(J&K)-2002-12-40] [REFERRED TO]
RIYAZ AHMAD BHAT VS. STATE OF J&K [LAWS(J&K)-2020-9-49] [REFERRED TO]
MIAN ABDUL QAYOOM VS. STATE OF JAMMU AND KASHMIR [LAWS(J&K)-2020-2-46] [REFERRED TO]
JAWAHAR LAL KHANNA VS. UNION OF INDIA [LAWS(DLH)-1990-2-37] [REFERRED]
SHAHRUKH YUNUS KHAN VS. STATE OF MAHARASHTRA [LAWS(BOM)-2016-4-26] [REFERRED TO]
VISHAL S/O SHAHAJI KASABE VS. THE COMMISSIONER OF POLICE [LAWS(BOM)-2017-1-44] [REFERRED TO]
BALVINDER SINGH VS. UNION OF INDIA [LAWS(DLH)-2000-8-13] [REFERRED]
JUNAID ABDUR RASHID SHAIKH VS. M N SINGH [LAWS(BOM)-2001-12-58] [REFERRED TO]
KAMLESH RAMPALAT KASHYAP VS. M N SINGH [LAWS(BOM)-2002-1-129] [REFERRED TO]
RAMAN KUMAR SHARMA ALIAS A K A PANDIT VS. UNION OF INDIA [LAWS(DLH)-2009-5-212] [REFERRED TO]
THOUNAOJAM LUKHOI SINGH VS. DISTRICT MAGISTRATE IMPHAL [LAWS(GAU)-1996-4-3] [REFERRED TO]
JOHN SCHEPLER D SHIRA VS. DISTRICT MAGISTRATE WEST GARO HILLS TURA [LAWS(GAU)-2007-8-25] [REFERRED TO]
NAJIR KHAN VS. STATE OF MANIPUR [LAWS(GAU)-2008-1-43] [REFERRED TO]
HAOBIJAM KENJIT SINGH ALIAS KENEDY VS. STATE OF MANIPUR [LAWS(GAU)-2006-12-55] [REFERRED TO]
ANKUSH VAMAN PAWAR VS. COMMISSIONER OF POLICE, PUNE AND OTHERS [LAWS(BOM)-2018-7-44] [REFERRED TO]
E RATNAM VS. STATE OF ANDHRA PRADESH [LAWS(APH)-2009-10-12] [REFERRED TO]
VIJAY PRAKASH MISRA VS. STATE OF UTTAR PRADESH [LAWS(ALL)-2003-2-94] [REFERRED TO]
ABHAY KUMAR SRIVASTAVA VS. STATE OF UTTAR PRADESH [LAWS(ALL)-2003-4-197] [REFFERED TO 11]
KAMARUNNISSA BADHRUNNISSA SITHY AYSHA KAMARUNNISSA BADHRUNNISSA SITHY AYSHA VS. UNION OF INDIA [LAWS(SC)-1990-9-6] [RELIED ON]
NEELAM YADAV VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2019-2-209] [REFERRED TO]
RAJEEV KUMAR JAIN VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2021-7-57] [REFERRED TO]
ANIL SINGH @ MAKHRU SINGH VS. STATE OF BIHAR [LAWS(PAT)-2013-2-59] [REFERRED TO]
N.PADMA VS. STATE OF TELANGANA [LAWS(TLNG)-2019-10-183] [REFERRED TO]
HUIDROM KONUNGJAO SINGH VS. STATE OF MANIPUR [LAWS(SC)-2012-5-44] [REFERRED TO]
PADMA SAHU VS. STATE OF ORISSA [LAWS(ORI)-1999-7-30] [REFERRED]
KASHI NATH TIWARY VS. UNION OF INDIA [LAWS(PAT)-1999-6-3] [REFERRED TO]
SUMANTA ROUT VS. STATE OF ORISSA [LAWS(ORI)-2003-9-14] [REFERRED TO]
KAMAL PURI LATE GULAB PURI VS. DISTRICT MAGISTRATE [LAWS(MPH)-1997-4-17] [REFERRED TO]
JOHNY A. MARAK VS. THE UNION OF INDIA AND ORS. [LAWS(MEGH)-2015-6-25] [REFERRED TO]
MEHRUNNISA VS. COMMISSIONER OF POLICE [LAWS(MAD)-1991-3-71] [REFERRED TO]
AIHOME REMOI @ AIHOME INPUI VS. DISTRICT MAGISTRATE, TAMENNGLONG, MANIPUR [LAWS(MANIP)-2013-9-7] [REFERRED TO]
JONATHAN PHIAMPHU ZOU VS. DISTRICT MAGISTRATE, CHURACHANDPUR, MANIPUR [LAWS(MANIP)-2013-9-8] [REFERRED TO]
MD. RIYAJUDDIN VS. DISTRICT MAGISTRATE [LAWS(MANIP)-2014-9-20] [REFERRED TO]
KEHAR SINGH VS. UOI [LAWS(RAJ)-1997-7-60] [REFERRED]
SHYAMAL DAS VS. UNION OF INDIA [LAWS(TRIP)-2014-9-3] [REFERRED TO]
DARAVATH MAMATHA VS. STATE OF TELANGANA [LAWS(TLNG)-2019-10-184] [REFERRED TO]
SOKKALINGAM, KUILA VS. STATE OF TAMIL NADU [LAWS(MAD)-2007-6-435] [REFERRED]
LAURENCE VIGNARD VS. UNION OF INDIA [LAWS(DLH)-1990-2-35] [REFERRED 2.]
ARAYATH BARAMBIL MARKKAR VS. UNION OF INDIA [LAWS(DLH)-1991-4-37] [REFERRED 2.]
A. SAMAD ALI MOHD. ALBULUSHI VS. UNION OF INDIA [LAWS(DLH)-1991-8-84] [REFERRED TO]
RAHUL AMBADAS JADHAV VS. THE COMMISSIONER OF POLICE AND ORS. [LAWS(BOM)-2015-6-135] [REFERRED TO]
BRAHMAM N VS. GOVERNMENT OF ANDHRA PRADESH [LAWS(APH)-1994-11-38] [REFERRED TO]
GAJENDRA SINGH ; SANT RAM; SATISH VS. ADHIKSHAK JANPAD KARAGAR JANPAD GHAZIABAD [LAWS(ALL)-2005-2-98] [REFERRED TO]
KARAN SINGH VS. UNION OF INDIA AND ORS. [LAWS(ALL)-2015-9-8] [REFERRED TO]
BILAL AHMAD DAR VS. STATE OF J & K AND ANOTHER [LAWS(J&K)-2017-5-56] [REFERRED TO]
RAKSHPAL SINGH AND VS. DISTRICT MAGISTRATE MAINPURI [LAWS(ALL)-2000-5-135] [REFERRED TO]
FIROZ AHMED VS. STATE OF U P [LAWS(ALL)-1999-12-61] [REFERRED TO]
SANT SINGH VS. DISTRICT MAGISTRATE VARANASI [LAWS(ALL)-1999-12-72] [REFERRED TO]
ATIQ AHMAD; SHARIF; MOHD ANEES; MOHD LAEEK HAFIZ; MOHD ABRAR VS. STATE OF U P [LAWS(ALL)-1998-10-35] [REFERRED TO]
SAFI ULLAH ALIAS BAGGA VS. STATE OF UTTAR PRADESH [LAWS(ALL)-1993-3-4] [REFERRED TO]
NARESH KUMAR JAIN VS. UNION OF INDIA [LAWS(DLH)-2011-1-53] [REFERRED TO]
FIROZ MOHAMMED SHAFI MUJAWAR VS. M N SINGH [LAWS(BOM)-2002-4-127] [REFERRED TO]
P. SURENDRA VS. THE STATE OF ANDHRA PRADESH AND ORS. [LAWS(APH)-2015-10-7] [REFERRED TO]
NINGTHOUJAM NINGOL ROMABATI DEVI VS. STATE OF MANIPUR [LAWS(GAU)-2012-3-132] [REFERRED TO]
OMPRAKASH PARSHURAM RIHAL VS. C D SINGH [LAWS(BOM)-1995-7-82] [REFERRED TO]
MAHEBUBBHAI ALIAS SENIOR CHHOTUBEGMOGAL VS. COMMISSIONER OF POLICE [LAWS(GJH)-2006-1-36] [REFERRED TO]
PARWEZ KHAN @ PARWEZ ALAM VS. THE STATE OF BIHAR [LAWS(PAT)-2019-4-138] [REFERRED TO]
LERE RAM VS. JOINT SECRETARY TO GOVERNMENT MINISTRY OF FINANCE NEW DELHI [LAWS(MAD)-1990-3-9] [REFERRED TO]
RANJIT SINGH ALIAS JEETA VS. THE JOINT SECRETARY TO GOI & ORS. [LAWS(P&H)-1996-3-143] [REFERRED TO]
ROUF UL ISLAM VS. UT OF JAMMU AND KASHMIR [LAWS(J&K)-2022-3-21] [REFERRED TO]
SALMAN AHMAD DAR VS. STATE OF JAMMU AND KASHMIR [LAWS(J&K)-2021-8-5] [REFERRED TO]
BABBAR KHAN VS. UNION TERRITORY OF J&K [LAWS(J&K)-2022-2-49] [REFERRED TO]
SAJAD AHMAD TANTRAY VS. STATE OF J&K [LAWS(J&K)-2019-12-31] [REFERRED TO]
KOMAR T. SANGMA VS. THE STATE OF MEGHALAYA [LAWS(MEGH)-2014-8-15] [REFERRED TO]
CHAMPION R. SANGMA VS. STATE OF MEGHALAYA [LAWS(MEGH)-2014-12-17] [REFERRED TO]
BILIT R. MARAK VS. STATE OF MEGHALAYA AND ORS. [LAWS(MEGH)-2015-6-17] [REFERRED TO]
SIVAPACKYAM VS. COMMISSIONER AND SECRETARY HOME SSA DEPTT GOVERNMENT OF KERALA TRIVANDRUM [LAWS(KER)-1995-10-32] [REFERRED TO]
VINOD LUNIA VS. STATE OF RAJASTHAN [LAWS(RAJ)-1993-12-30] [REFERRED TO]
K THIRUPATHI VS. DISTRICT MAGISTRATE AND DISTRICT COLLECTOR [LAWS(MAD)-2005-9-146] [REFERRED TO]
JAMMILLA BEGAM ABDUL JABBAR VS. STATE OF MAHARASHTRA [LAWS(BOM)-1990-12-42] [REFERRED TO]
DILKUSH SINGH MEENA VS. THE STATE OF TELANGANA REP. BY ITS PRINCIPAL SECRETARY HOME DEPARTMENT SECRETARIAT, HYDERABAD AND OTHERS [LAWS(APH)-2018-1-76] [REFERRED TO]
TH IBOCHOU SINGH VS. STATE OF MANIPUR [LAWS(GAU)-2004-12-3] [REFERRED TO]
THOKCHOM RATAN SINGH VS. DISTRICT MAGISTRATE, IMPHAL WEST AND OTHERS [LAWS(GAU)-2006-11-100] [REFERRED TO]
MINTU @ PINTU VS. STATE OF U P [LAWS(ALL)-2016-3-295] [REFERRED]
DEVPRIYA VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2016-3-53] [REFERRED TO]
KANJI SHAMJI PANJARI VS. UNION OF INDIA [LAWS(GJH)-1991-2-18] [REFERRED TO]
MOHMAD SALIM ALIAS SALIM KHAN IKBALHUSEN PATHAN VS. POLICE COMMISSIONER [LAWS(GJH)-1997-12-36] [REFERRED TO]
RAJKISHORE SHIVSHANKAR TIWARI VS. MAKRAND RANADE [LAWS(BOM)-2009-6-41] [REFERRED TO]
BACHAN SINGH VS. UNION OF INDIA [LAWS(DLH)-1990-8-36] [REFERRED]
USHA VS. UNION OF INDIA [LAWS(DLH)-2002-10-87] [REFERRED TO]
KAMLABAI WD O KALICHARAN YADAV VS. STATE OF MAHARASHTRA [LAWS(BOM)-2000-9-52] [REFERRED TO]
ZAIBUNNISA MUTTALIB ALI KHANSONDE VS. UNION OF INDIA [LAWS(BOM)-2003-12-89] [REFERRED TO]
NAKSHATRAM KANAKRAJ NADAR VS. COMMISSIOER OF POLICE [LAWS(BOM)-2004-7-18] [REFERRED TO]
SUSHIL VS. STATE OF UTTAR PRADESH [LAWS(ALL)-1998-2-41] [REFERRED TO]
RAJEAY BHARTI VS. DISTRICT MAGISTRATE AGRA [LAWS(ALL)-1994-11-61] [REFERRED TO]
SURESH CHANDRA KATARE VS. STATE OF UTTAR PRADESH [LAWS(ALL)-2001-7-152] [REFERRED]
ABDUL RAZACK A.A. VS. STATE OF KERALA AND ORS. [LAWS(KER)-2015-7-145] [REFERRED TO]
MITHILESH KUMAR SAH VS. THE STATE OF BIHAR THROUGH THE SECRETARY AND ORS. [LAWS(PAT)-2013-1-116] [REFERRED TO]
TILATAMA PARIDA VS. STATE OF ORISSA [LAWS(ORI)-1997-8-3] [REFERRED TO]
MERRY ALIAS MALU VS. STATE OF NAGALAND [LAWS(GAU)-1997-2-32] [REFERRED TO]
THANGLENMANGHANGSING VS. DISTRICT MAGISTRATE SENAPATI DISTRICT [LAWS(GAU)-2004-2-15] [REFERRED TO]
GURUMAYUM RAJATKANTA SHARMA @ PROMISE @ GERMAN VS. DISTRICT MAGISTRATE [LAWS(GAU)-2008-5-48] [REFERRED TO]
RAZAQ MOOSA MOKHA ANVAR AVUB THAIM VS. THE STATE OF GUJARAT [LAWS(GJH)-1991-8-65] [REFERRED TO]
DEBARSHI KASHYAP S/O- PRADIP TALUKDAR VS. UNION OF INDIA [LAWS(GAU)-2021-6-12] [REFERRED TO]
ANUJ VS. THE UNION OF INDIA AND ORS. [LAWS(ALL)-2015-11-56] [REFERRED TO]
SHARAFAT ALI BARKAT ALI VS. STATE OF MAHARASHTRA [LAWS(BOM)-2021-10-286] [REFERRED TO]
TAUFIQUE VS. UNION OF INDIA [LAWS(ALL)-2013-7-54] [REFERRED TO]
SANJAY VS. UNION OF INDIA AND ORS. [LAWS(ALL)-2015-9-43] [REFERRED TO]
VIJAY VS. UNION OF INDIA [LAWS(ALL)-2017-5-152] [REFERRED TO]
RAJ NATH PANDEY VS. DISTRICT MAGISTRATE FAIZABAD [LAWS(ALL)-2002-12-46] [REFERRED TO]
SIDDIQUI KHALID AHMAD VS. UNION OF INDIA [LAWS(DLH)-1990-4-30] [REFERRED TO]
DHONDUP LAMA VS. UNION OF INDIA [LAWS(DLH)-1991-1-41] [REFERRED]
MUJAMMIL @ MURGYA SABBIR MOKASHI VS. COMMISSIONER OF POLICE PUNE [LAWS(BOM)-2016-4-100] [REFERRED TO]
JAIDEV ALIAS RAJUBHAI ALIAS J D RAMJI MISHRA VS. D SHIVANANADAN [LAWS(BOM)-2010-7-208] [REFERRED TO]
DHATMAPAL VERMA VS. UNION OF INDIA [LAWS(DLH)-2002-10-75] [REFERRED ,]
SANJAY ALIAS DINESH ALIAS KALA VS. UNION OF INDIA [LAWS(DLH)-1999-9-143] [REFERRED]
FARHAT MIR VS. UNION TERRITORY OF J&K [LAWS(J&K)-2022-2-64] [REFERRED TO]
ARIF YOUNIS GANIE VS. STATE OF JAMMU AND KASHMIR [LAWS(J&K)-2019-11-27] [REFERRED TO]
ANJUM ABDULLA MUTHALIB VS. STATE OF MAHARASHTRA [LAWS(BOM)-1996-6-80] [REFERRED TO]
INTEZAR UMAR DARAJ KHAN VS. COMMISSIONER OF POLICE [LAWS(BOM)-2006-10-62] [REFERRED TO]
ARIF ALIAS YASIR AHMED STTAR AHMED VS. D SIVANANDAN [LAWS(BOM)-2006-3-122] [REFERRED TO]
INAMUL HAQ ENGINEER VS. SUPERINTENDENT DIVISION DISTRICT JAIL AZAMGARH [LAWS(ALL)-2001-5-137] [REFERRED]
MD VAKIL VS. STATE OF M P [LAWS(MPH)-2014-2-63] [REFERRED TO]
REKHA G. MOMIN VS. THE UNION OF INDIA AND ORS. [LAWS(MEGH)-2015-6-18] [REFERRED TO]
BENHUR M. SANGMA VS. THE STATE OF MEGHALAYA AND ORS. [LAWS(MEGH)-2015-7-4] [REFERRED TO]
MARIAPPAN VS. DISTRICT COLLECTOR AND DISTRICT MAGISTRATE [LAWS(MAD)-2014-8-87] [REFERRED TO]
MOHAMAD RAFIQ RATHER VS. STATE [LAWS(J&K)-2003-4-23] [REFERRED TO]
IMTIYAZ AHMAD SOFI VS. STATE [LAWS(J&K)-2002-11-23] [REFERRED TO]
PRADEEP SAHU VS. UNION OF INDIA [LAWS(ORI)-2012-10-27] [REFERRED TO]
MISTER YADAV VS. STATE OF BIHAR THROUGH HOME SECRETARY GOVERNMENT OF BIHAR, PATNA [LAWS(PAT)-2012-12-15] [REFERRED TO]
UNION OF INDIA VS. PAUL MANICKAM [LAWS(SC)-2003-10-72] [REFERRED TO]
SARAS KUMAR MOHANTY VS. STATE OF ORISSA [LAWS(ORI)-1995-5-1] [REFERRED TO]
GURNAIB SINGH VS. DEPUTY SECRETARY HOME A GOVERNMENT OF PUNJAB [LAWS(P&H)-1996-8-28] [REFERR0ED TO]
VEERAMANI VS. STATE OF TAMIL NADU [LAWS(SC)-1994-2-43] [REFERRED TO]
SURYA PRAKASH SHARMA VS. STATE OF UTTAR PRADESH [LAWS(SC)-1994-8-22] [FOLLOWED]
FULLARA DEBBARMA VS. UNION OF INDIA [LAWS(GAU)-2007-4-23] [REFERRED TO]
HATKHONENG VS. STATE OF MANIPUR [LAWS(GAU)-2011-7-9] [REFERRED TO]
NARASAMMA VS. COLLECTOR AND DISTRICT MAGISTRATE [LAWS(APH)-2008-10-21] [REFERRED TO]
MURLI PRASAD VS. STATE OF U P [LAWS(ALL)-1998-4-39] [REFERRED TO : (1990 CRI LJ 1232)]
HARISH KASNA VS. STATE OF U P [LAWS(ALL)-1998-8-56] [REFERRED TO]
YOGITA WIFE OF COLIN GUDINHO VS. COMMISSIONER OF POLICE [LAWS(BOM)-1997-8-50] [REFERRED TO]
MHAISARALI RAMZANALI KHAN VS. D SIVANANDAN COMMISSIONER OF POLICE [LAWS(BOM)-2006-3-135] [REFERRED TO]
A MAJID FAKIR KAZI VS. A N ROY COMMISSIONER OF POLICE [LAWS(BOM)-2007-9-100] [REFERRED TO]
SHAHID MOHAMMAD YUSUF SHAIKH VS. M N SINGH COMMISSIONER OF POLICE [LAWS(BOM)-2003-2-19] [REFERRED TO]
CHANDRADEVI JAISWAL VS. M N SINGH COMMISSIONER OF POLICE [LAWS(BOM)-2001-9-66] [REFERRED TO]
TARABAI SHASHIKANT MAYEKAR VS. STATE OF MAHARASHTRA [LAWS(BOM)-2002-6-36] [REFERRED TO]
MOHAMMAD UBED ABDUL RASHID ANSARI VS. M N SINGH COMMISSIONER OF POLICE [LAWS(BOM)-2002-7-149] [REFERRED TO]
SHAHID ALIAS M SHAHID ALIAS SHAHID VS. UNION OF INDIA [LAWS(DLH)-1995-1-30] [REFERRED]
MAMAD ABBAS JASRAYA VS. A C S GOVERNMENT OF GUJARAT [LAWS(GJH)-1994-3-4] [RELIED ON]
SAGAR SUNIL GAIKWAD VS. COMMISSIONER OF POLICE, PUNE [LAWS(BOM)-2018-3-330] [REFERRED TO]
AGYA RAM VERMA VS. UNION OF INDIA AND OTHERS [LAWS(ALL)-2002-9-272] [REFERRED TO]
ZAIR VS. DISTRICT MAGISTRATE HARDOI [LAWS(ALL)-2003-11-10] [REFERRED TO]
SONU ALIAS AJAI VIKRAM UPADHYAY VS. UNION OF INDIA [LAWS(ALL)-2004-1-55] [REFERRED TO]
SANTOSH SITARAM NAHARKAR VS. STATE OF MAHARASHTRA [LAWS(BOM)-1996-10-17] [REFERRED TO]
ISHWARBHAI BHIKHABHAI RATHVA VS. STATE OF GUJARAT [LAWS(GJH)-2012-3-255] [REFERRED TO]
RIYAZUDIN M SAID VS. STATE OF GUJARAT [LAWS(GJH)-2011-9-355] [REFERRED TO]
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G H QADIR RAINA VS. STATE [LAWS(J&K)-2001-2-8] [REFERRED TO]
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JUDGEMENT

S. C. Agrawal, J. - (1.)These appeals, by special leave, arise out of the judgment of the High Court of Delhi whereby the writ petitions filed under Art. 226 of the Constitution to challenge the legality of the orders dated October 11, 1988 passed under S. 3(l) of the Prevention of illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (hereinafter referred to as the 'Act' for the detention of the appellants have been dismissed. This Court by the order dated January 11, 1990 allowed the appeals and after setting aside the orders of detention dated October 11, 1988 directed that the appellants be set at liberty forthwith and that reasoned judgment would follow. We are hereby indicating our reasons for the order passed on January 11, 1990.
(2.)Dharmendra Suganchand Chelawat (the Appellant in Criminal Appeal No. 11/90) hereinafter referred to as 'Dharmendra' is the son of Suganchand Kanhaiyyalal Chelawat (the Appellant in Criminal Appeal No. 12 of 1990) hereinafter referred to as 'Suganchand'. In the grounds of detention furnished to the appellants it is stated that on September 21, 1988 the officers of the Directorate of Revenue Intelligence, Bombay Zonal Unit, searched the godown of Siddharth Trotters Pvt. Ltd., Kothari Mansion, at 357, S.V.P. Road, Bombay and five card board cartons containing in all 2,51,000 mandrax tablets weighing 125.5 Kgs. and valued at Rs. 7,53,000/- were seized from there. During the follow-up investigation the officers of the Central Excise and Customs searched the premises of Suganchand at Indore (M.P.) which resulted in the recovery of 51 Kgs. of mandrax tablets from a Maruti Van parked in the house compound on September 22/23, 1988 which was seized. In addition to 20.500 Kgs. of mandrax tablets, 148.300 Kgs. of methaqualone powder and 97.700 Kgs. of white powder was recovered from the residence itself. Suganchand in his statement which was recorded on September 23, 1988 stated that he had manufactured mandrax tablets at his factory at Indore and that he was assisted by his son, Dharmendra. Suganchand was arrested on September 23, 1988 and produced before the Additional Chief Judicial Magistrate, Indore on September. 24, 1988 who remanded him to the police custody till September 30, 1988. On September 30, 1988 Suganchand was remanded to judicial custody till October 13, 1988. A bail application was submitted by Suganchand in the Sessions Court on September 28, 1988 and the same was rejected by the Sessions Court on October 1, 1988. Dharmendra was arrested on October 4, 1988 and he was remanded to the police custody up to October 5, 1988. On October 5, 1988 he was remanded to judicial custody till October 13, 1988. During the course of arguments Shri Harjinder Singh, the learned counsel for the appellants, stated that a bail application was submitted on behalf of Dharmendra and the same was rejected on October 5, 1988.
(3.)On October 11, 1988 orders were passed by Shri K. L. Verma, Joint Secretary to the Government of India, Ministry of Finance, Department of Revenue, under S. 3(l) of the Act for the detention of the appellants. In the order of detention the detaining authority has stated that he was satisfied from the record of the case with respect to the appellants that with a view to preventing them from engaging in the transportation and abetting in the export interstate of Psychotropic Substances it is necessary to make the order directing that the appellants be detained and kept in custody. The said order of detention was served on appellants on October 13, 1988 while they were in custody. The appellants were also served with the grounds of detention dated October 11, 1988 as well as the documents on which reliance was placed by the detaining authority.
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