MAHESH KUMAR CHAUHAN ALIAS BANTI Vs. UNION OF INDIA
LAWS(SC)-1990-5-4
SUPREME COURT OF INDIA (FROM: DELHI)
Decided on May 02,1990

MAHESH KUMAR CHAUHAN ALIAS BANTI Appellant
VERSUS
UNION OF INDIA Respondents





Cited Judgements :-

HAFIZ MOHD LIAQAT VS. UNION OF INDIA [LAWS(DLH)-1991-2-84] [REFERRED TO]
EDWARD PAUL VS. UNION OF INDIA [LAWS(DLH)-1992-3-50] [RELIED UPON]
R K GUPTA VS. UNION OF INDIA [LAWS(DLH)-1992-11-46] [REFERRED TO]
PRAMOD JAIN VS. UNION OF INDIA [LAWS(DLH)-1993-1-45] [APPLIED]
YASHVIR SINGH VS. ADMINISTRATOR [LAWS(DLH)-1993-4-28] [FOLLOWED]
SARABJIT SINGH VS. UNION OF INDIA [LAWS(DLH)-1994-7-69] [RELIED )(RAMA DHONDU BORADE V. V.K. SARAF,COMMISSIONER OF POLICE AND ORS.WRIT PETITION (CRL) NO.86 O]
SURINDER KUMAR VS. UNION OF INDIA [LAWS(DLH)-1995-1-3] [REFERRED TO]
GURMIT SINGH CHEEMA VS. UNION OF INDIA [LAWS(DLH)-1995-1-39] [RELIED ON]
SAYED ABU ALA VS. UNION OF INDIA [LAWS(DLH)-2002-4-112] [REFERRED TO]
RAJ KUMAR VS. UOI [LAWS(DLH)-2008-8-165] [REFERRED TO]
RAJESH SHARMA VS. UNION OF INDIA [LAWS(DLH)-2009-5-7] [REFERRED TO]
ALTAF ALIAS BARE ABBA VS. DISTRICT MAGISTRATE KANPUR [LAWS(ALL)-1993-10-49] [REFERRED TO]
RAM AUTAR ALIAS OM PRAKASH VS. STATE OF UTTAR PRADESH [LAWS(ALL)-1996-8-72] [REFERRED]
JAVED AKHTAR VS. UNION OF INDIA [LAWS(ALL)-1996-8-110] [REFERRED]
RAM GOVIND GOVINDA CHAUHAN VS. UNION OF INDIA [LAWS(ALL)-1997-12-110] [REFERRED TO]
VINOD VS. STATE OF UTTAR PRADESH [LAWS(ALL)-1998-4-78] [REFERRED TO]
SURESH PAL VS. STATE OF UTTAR PRADESH [LAWS(ALL)-1998-11-98] [REFERRED TO]
BANWARILAL SHARMA VS. STATE OF ASSAM [LAWS(GAU)-1996-10-4] [REFERRED TO]
BHAWARLAL JAIN VS. MAHENDRA PRASAD [LAWS(KAR)-1991-1-92] [REFERRED TO]
PEER MOHAMMED SIDDIQUE VS. UNION OF INDIA [LAWS(KAR)-1992-10-17] [REFERRED TO]
SAKEENAL BEEVI VS. STATE OF KARNATAKA [LAWS(KAR)-1996-10-7] [REFERRED TO]
JULIA JOSE MAVELY VS. UNION OF INDIA [LAWS(SC)-1991-10-50] [RELIED ON]
KUNDANBHAI DULABHAI SHAIKH VS. DISTRICT MAGISTRATE AHMEDABAD [LAWS(SC)-1996-2-251] [REFERRED TO]
URMILA NARESH MITTAL VS. UNION OF INDIA [LAWS(GJH)-1996-10-19] [REFERRED TO]
LINDER FRANK WOLFGANG VS. UNION OF INDIA [LAWS(GJH)-1998-1-30] [REFERRED TO]
PRADEEP KUMAR VERMA ALIAS MUNNA VS. SUPERINTENDENT CENTRAL JAIL [LAWS(ALL)-1990-7-66] [REFERRED TO]
N K BAPNA VS. UNION OF INDIA [LAWS(CAL)-1993-4-23] [REFERRED TO]
ASHOK KUMAR LAHA VS. MAHENDRA PRASAD [LAWS(CAL)-1994-4-14] [REFERRED TO]
TAPAS CHOWDHURY VS. UNION OF INDIA [LAWS(CAL)-1995-9-21] [REFERRED TO]
M KARUPPAYI VS. STATE OF TAMIL NADU [LAWS(MAD)-1990-10-7] [REFERRED TO]
SUMATI DASH VS. STATE OF ORISSA [LAWS(ORI)-1998-4-14] [REFERRED]
THIRUNAVUKKARASU MANIMARAN VS. MMISSIONER OF POLICE MADRAS CITY [LAWS(MAD)-1991-4-74] [REFERRED TO]
THIRUNAVUKKARASU VS. COMMISSIONER OF POLICE [LAWS(MAD)-1991-4-25] [REFERRED TO]
KARUPPIAH ALIAS KABIR VS. DISTRICT MAGISTRATE AND THE DISTRICT COLLECTOR RAMANATHAPURAM DISTRICT [LAWS(MAD)-1997-8-54] [REFERRED TO]
HALYA WAJYA KURMUDA VS. R D TYAGI COMMISSIONER OF POLICE THANE [LAWS(BOM)-1990-12-26] [REFERRED TO]
SADANAND ALIAS SADU ALIAS SADA VASUDEO SHETTY VS. A S SAMRA COMMISSIONER OF POLICE GREATER BOMBAY [LAWS(BOM)-1994-2-9] [REFERRED TO]
SADANAND ALIAS SADU ALIAS SADA VASUDEO SHETTY VS. A S SAMRA COMMISSIONER OF POLICE [LAWS(BOM)-1994-9-7] [REFERRED TO]
KAMLESHKUMAR ISHWARDAS PATEL VS. UNION OF INDIA [LAWS(BOM)-1994-9-40] [REFERRED TO]
SUKHLATA BHASKAR SHETTY VS. K S SHINDE [LAWS(BOM)-1996-3-90] [REFERRED TO]
MAHINDRA D MATHANI VS. C D SINGH SECRETARY TO THE GOVERNMENT OF MAHARASHTRA PREVENTIVE DETENTION [LAWS(BOM)-1996-6-60] [REFERRED TO]
POONAM RAJEEV PATHAK VS. UNION OF INDIA [LAWS(BOM)-2002-8-4] [REFERRED TO]
RAMAMURTHY VS. STATE OF TAMIL NADU [LAWS(MAD)-2006-7-232] [REFERRED TO]
FATHIMA SUDHA alias ESAKI SUDHA VS. DISTRICT COLLECTOR [LAWS(MAD)-2008-4-349] [REFERRED TO]
KANWARJIT SINGH VS. UNION OF INDIA [LAWS(P&H)-1994-4-18] [RELIED ON]
KARNAIL SINGH ALIAS BAGIARH VS. STATE OF PUNJAB [LAWS(P&H)-1996-11-65] [REFERRED TO]
ALFOODIN GHOSI ALIAS ALFOO VS. UNION OF INDIA [LAWS(RAJ)-1992-6-4] [REFERRED TO]
GANI KHAN VS. UNION OF INDIA [LAWS(RAJ)-1993-2-42] [REFERRED TO]
KULDEEP SINGH VS. STATE OF RAJASTHAN [LAWS(RAJ)-1999-3-22] [REFERRED]
JOTHI VS. SECRETARY TO THE GOVERNMENT, STATE OF TAMIL NADU [LAWS(MAD)-2011-12-202] [REFERRED TO]
SARASWATHI VS. GOVERNMENT OF TAMIL NADU REP BY ITS SECRETARY [LAWS(MAD)-2012-12-144] [REFERRED TO]
GANESAN VS. STATE OF TAMILNADU [LAWS(MAD)-2012-12-145] [REFERRED TO]
MUTHUPANDI VS. STATE OF TAMIL NADU [LAWS(MAD)-2012-12-146] [REFERRED TO]
VEL THIAGU VS. SECRETARY TO GOVERNMENT [LAWS(MAD)-2012-12-233] [REFERRED TO]
KUMAR ALIAS MOHAMMED IBRAHIM VS. SECRETARY TO GOVERNMENT HOME PROHIBITION AND EXCISE DEPARTMENT [LAWS(MAD)-2012-12-234] [REFERRED TO]
MAHESWARI VS. ADDITIONAL SECRETARY [LAWS(MAD)-2012-12-251] [REFERRED TO]
K.SOUNDIRAVALLI VS. ADDITIONAL SECRETARY [LAWS(MAD)-2012-12-254] [REFERRED TO]
UMAYAL VS. ADDITIONAL SECRETARY GOVERNMENT OF INDIA [LAWS(MAD)-2012-12-256] [REFERRED TO]
CHANDRA VS. STATE REPRESENTED BY COMMISSIONER OF POLICE [LAWS(MAD)-2012-12-271] [REFERRED TO]
ARJUNAN VS. STATE REPRESENTED BY THE DISTRICT COLLECTOR [LAWS(MAD)-2012-12-286] [REFERRED TO]
USHA VS. STATE OF TAMIL NADU REPRESENTED BY SECRETARY TO GOVERNMENT [LAWS(MAD)-2012-12-287] [REFERRED TO]
AYYAVU VS. SECRETARY TO THE GOVERNMENT [LAWS(MAD)-2012-12-302] [REFERRED TO]
RAMESH SINGH @ KAKA VS. UNION OF INDIA [LAWS(ALL)-2010-12-111] [REFERRED TO]
PIPAL SINGH VS. STATE OF PUNJAB [LAWS(P&H)-1997-4-122] [REFERRED TO]
SEENI NOORDEEN VS. SECRETARY TO GOVERNMENT HOME [LAWS(MAD)-2013-1-384] [REFERRED TO]
K. VIJAYAKUMARI VS. SECRETARY TO GOVERNMENT OF TAMIL NADU PROHIBITION AND EXCISE DEPARTMENT [LAWS(MAD)-2013-1-409] [REFERRED TO]
T. MOHANA VS. SECRETARY TO GOVERNMENT FOOD & CONSUMER PROTECTION DEPARTMENT [LAWS(MAD)-2013-1-411] [REFERRED TO]
JEYAMANI VS. SECRETARY TO THE GOVT [LAWS(MAD)-2013-4-87] [REFERRED TO]
P.MUTHUKUMARAN VS. SECRETARY TO THE GOVT [LAWS(MAD)-2013-4-96] [REFERRED TO]
USHA NANDINI VS. SECRETARY TO THE GOVT [LAWS(MAD)-2013-4-97] [REFERRED TO]
SETHULAKSHMI VS. SECRETARY TO THE GOVT. OF TAMILNADU [LAWS(MAD)-2013-4-141] [REFERRED TO]
HABIUNNISA VS. STATE OF TAMIL NADU [LAWS(MAD)-2013-1-502] [REFERRED]
MANI VS. SECRETARY TO GOVERNMENT HOME, PROHIBITION AND EXCISE DEPARTMENT [LAWS(MAD)-2013-1-504] [REFERRED TO]
ANBU VS. SECRETARY TO GOVERNMENT [LAWS(MAD)-2013-1-515] [REFERRED TO]
VENNILA VS. COMMISSIONER OF POLICE, SALEM CITY POLICE [LAWS(MAD)-2013-4-187] [REFERRED TO]
ANBALAGAN VS. SECRETARY TO THE GOVERNMENT [LAWS(MAD)-2013-1-519] [REFERRED TO]
SUDHA VS. STATE OF TAMIL NADU [LAWS(MAD)-2014-8-29] [REFERRED TO]
SUSHILABEN SEVANTILAL DOSHI VS. SOMNATH PAL [LAWS(BOM)-1999-8-143] [REFERRED TO]
ALAGURAJA VS. THE ADDITIONAL SECRETARY TO GOVERNMENT [LAWS(MAD)-2014-9-167] [REFERRED TO]
PRITAM SINGH VS. JOINT SECRETARY TO GOVT OF INDIA [LAWS(P&H)-1996-2-161] [REFERRED TO]
AB AZIZ SHAH VS. STATE [LAWS(J&K)-2005-4-28] [REFERRED TO]
RAJ KUMAR VS. UOI & ORS. [LAWS(DLH)-2012-8-487] [REFERRED TO]
MOHAMMAD ASIF VS. UNION OF INDIA [LAWS(MPH)-2002-5-109] [REFERRED TO]
KAVITHA VS. STATE OF TAMIL NADU REPRESENTED BY SECRETARY TO GOVERNMENT AND THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE [LAWS(MAD)-2012-11-366] [REFERRED TO]
SUMITA DEY BHATTACHARYA VS. UNION OF INDIA AND ORS. [LAWS(DLH)-2015-1-256] [REFERRED TO]
SELVAKUMAR VS. THE SECRETARY TO GOVERNMENT, HOME, PROHIBITION AND EXCISE DEPARTMENT AND ORS. [LAWS(MAD)-2015-7-137] [REFERRED TO]
P. SURENDRA VS. THE STATE OF ANDHRA PRADESH AND ORS. [LAWS(APH)-2015-10-7] [REFERRED TO]
SAMALA DHANA LAXMI VS. THE STATE OF TELANGANA AND ORS. [LAWS(APH)-2016-3-25] [REFERRED TO]
VASANTHU SUMALATHA AND OTHER VS. STATE OF ANDHARA PRADESH REP. BY ITS CHIEF SECRETARY HYDERABAD AND OTHER [LAWS(APH)-2015-9-93] [REFERRED TO]
BABULAL VILDARAM BISHNOI VS. REVA NAYYAR [LAWS(BOM)-1998-9-176] [REFERRED]
ANKIT GULATI VS. UOI & ANR [LAWS(DLH)-2012-9-621] [REFERRED]
RAJBABU VS. SECRETARY TO GOVERNMENT [LAWS(MAD)-2011-12-248] [REFERRED]
RAMKUMAR VS. COMMISSIONER OF POLICE, THIRUCHIRAPPALLI CITY, THIRUCHIRAPPALLI AND STATE OF TAMIL NADU [LAWS(MAD)-2011-12-254] [REFERRED]
VADIVEL VS. SECRETARY TO GOVERNMENT [LAWS(MAD)-2011-12-257] [REFERRED]
RATHINAM @ RATHINAKUMAR VS. SECRETARY TO GOVERNMENT, HOME, PROHIBITION AND EXCISE DEPARTMENT [LAWS(MAD)-2011-12-260] [REFERRED]
CHOKKI VS. SECRETARY TO GOVERNMENT, HOME, PROHIBITION AND EXCISE DEPARTMENT, GOVERNMENT OF TAMIL NADU [LAWS(MAD)-2011-12-263] [REFERRED]
MOHAMED ALI JINNAH VS. SECRETARY TO GOVERNMENT, HOME, PROHIBITION AND EXCISE DEPARTMENT [LAWS(MAD)-2011-11-370] [REFERRED]
KRISHNA LATHA VS. STATE OF TAMIL NADU [LAWS(MAD)-2011-11-381] [REFERRED]
KALAI SELVI, W/O MOHAMMED ANIFA ALIAS ANIFA VS. SECRETARY TO GOVERNMENT, HOME, PROHIBITION AND EXCISE DEPARTMENT; COMMISSIONER OF POLICE, TIRUCHIRAPPALLI CITY [LAWS(MAD)-2014-7-290] [REFERRED]
TAMILSELVI VS. SECRETARY TO GOVERNMENT, HOME, PROHIBITION AND EXCISE DEPARTMENT, SECRETARIAT; DISTRICT COLLECTOR AND DISTRICT MAGISTRATE [LAWS(MAD)-2014-8-297] [REFERRED]
CHANDRAN, S/O MUTHUIRULANDI THEVAR VS. SECRETARY TO GOVERNMENT AND ORS [LAWS(MAD)-2014-9-450] [REFERRED]
ESAKKITHEVAR VS. STATE; PRINCIPAL SECRETARY TO GOVERNMENT, HOME PROHIBITION AND EXCISE (XIV) DEPARTMENT [LAWS(MAD)-2014-8-308] [REFERRED]
SAGUNTHALA VS. STATE OF TAMIL NADU; DISTRICT COLLECTOR AND DISTRICT MAGISTRATE; SUPERINTENDENT OF CENTRAL PRISON [LAWS(MAD)-2014-8-311] [REFERRED]
M THANGAMMAL VS. STATE OF TAMIL NADU; DISTRICT COLLECTOR AND DISTRICT MAGISTRATE,; INSPECTOR OF POLICE, [LAWS(MAD)-2014-8-324] [REFERRED]
K RAMALINGAM VS. STATE OF TAMIL NADU; DISTRICT COLLECTOR AND DISTRICT MAGISTRATE, TIRUNELVELI DISTRICT; INSPECTOR OF POLICE, AMBASAMUDRAM POLICE STATION [LAWS(MAD)-2014-8-326] [REFERRED]
R PARAMESHWARI VS. SECRETARY TO GOVERNMENT [LAWS(MAD)-2014-9-453] [REFERRED]
MALARKODI VS. SECRETARY TO GOVT HOME PROHIBITION AND EXCISE DEPARTMENT; DISTRICT COLLECTOR AND DISTRICT MAGISTRATE [LAWS(MAD)-2014-8-338] [REFERRED]
K AMUTHA VS. STATE OF TAMIL NADU; DISTRICT COLLECTOR - CUM - DISTRICT MAGISTRATE [LAWS(MAD)-2014-8-340] [REFERRED]
KAMARUNISHA VS. ADDITIONAL SECRETARY TO GOVERNMENT OF INDIA [LAWS(MAD)-2011-12-305] [REFERRED]
S MURUGESAN VS. SECRETARY TO GOVERNMENT [LAWS(MAD)-2011-12-340] [REFERRED]
BANU VS. SECRETARY TO GOVERNMENT, HOME, PROHIBITION AND EXCISE DEPARTMENT, SECRETARIAT, CHENNAI, DISTRICT MAGISTRATE AND DISTRICT COLLECTOR, VIRUDHUNAGAR DISTRICT AND SUPERINTENDENT OF PRISON, MADURAI CENTRAL PRISON, MADURAI [LAWS(MAD)-2011-12-367] [REFERRED]
TAMILARASI W/O RAMESH VS. STATE OF TAMIL NADU; COMMISSIONER OF POLICE, O/O COMMISSIONER OF POLICE; SUPERINTENDENT OF CENTRAL PRISON [LAWS(MAD)-2014-7-322] [REFERRED]
S JOTHI, W/O SIVAKUMAR VS. DISTRICT COLLECTOR AND DISTRICT MAGISTRATE; GOVERNMENT OF TAMIL NADU [LAWS(MAD)-2014-7-323] [REFERRED]
M GOMATHI W/O MURUGESAN VS. STATE OF TAMIL NADU; DISTRICT COLLECTOR AND DISTRICT MAGISTRATE, THANJAVUR DISTRICT; INSPECTOR OF POLICE, THANJAVUR MEDICAL COLLEGE HOSPITAL POLICE STATION [LAWS(MAD)-2014-8-342] [REFERRED]
KAVITHA VS. STATE OF TAMIL NADU; DISTRICT COLLECTOR AND DISTRICT MAGISTRATE; SUPERINTENDENT, CENTRAL PRISON [LAWS(MAD)-2014-9-484] [REFERRED]
R SELVAM VS. SECRETARY TO GOVERNMENT, HOME, PROHIBITION AND EXCISE DEPARTMENT; SUPERINTENDENT OF PRISON [LAWS(MAD)-2014-9-508] [REFERRED]
MAHALAKSHMI W/O SOUNDAR @ ELAVA VS. DISTRICT COLLECTOR AND DISTRICT MAGISTRATE; STATE; INSPECTOR OF POLICE, THALAIYUTHU POLICE STATION [LAWS(MAD)-2014-7-328] [REFERRED]
KAMATCHIAMMAL, W/O RAMARAJ VS. ADDITIONAL SECRETARY, GOVERNMENT OF INDIA; SECRETARY, GOVERNMENT OF TAMIL NADU; DISTRICT COLLECTOR AND DISTRICT MAGISTRATE; INSPECTOR OF POLICE, CSCID, DINDIGUL [LAWS(MAD)-2014-7-331] [REFERRED]
S SUGANTHI VS. STATE OF TAMIL NADU; COMMISSIONER OF POLICE [LAWS(MAD)-2014-7-338] [REFERRED]
T MEENAKSHI VS. GOVERNMENT OF TAMIL NADU AND TWO ORS [LAWS(MAD)-1992-1-79] [REFERRED TO]
M.MURUGAN VS. THE COMMISSIONER OF POLLICE, COMMISSIONER OFFICE [LAWS(MAD)-2017-2-209] [REFERRED TO]
RAJALAKSHMI VS. STATE OF TAMIL NADU [LAWS(MAD)-2018-4-14] [REFERRED TO]
SHRI N. RAVINDRAN NAIR VS. THE GOVT. OF GUJARAT, THROUGH THE UNDER SECRETARY, HOME DEPTT. (SPL), SACHIVALAYA, GANDHINAGAR [LAWS(GJH)-1991-12-42] [REFERRED TO]
DILBAG SINGH VS. STATE OF J&K AND OTHERS [LAWS(J&K)-2017-3-64] [REFERRED TO]
NAGESH PRAKASH INGALE VS. COMMISSIONER OF POLICE [LAWS(BOM)-2019-11-166] [REFERRED TO]
RUTUGNA ARVINDKUMAR TRIVEDI VS. UNION OF INDIA [LAWS(GJH)-2020-7-54] [REFERRED TO]
SHUBHAM ANIL GHADGE VS. COMMISSINER OF POLICE [LAWS(BOM)-2021-9-61] [REFERRED TO]
LAKHAN KISAN TUSAMBAD VS. DISTRICT MAGISTRATE [LAWS(BOM)-2021-10-64] [REFERRED TO]
NIKHIL SURESH RAJPUT VS. DIST. MAGISTRATE JALGAON [LAWS(BOM)-2021-4-118] [REFERRED TO]


JUDGEMENT

S. Ratnavel Pandian, J. - (1.)Leave granted.
(2.)This appeal is directed by the detenu, Mahesh Kumar Chauhan alias Banti questioning the correctness of the judgment made in Criminal Writ Petition No. 657/ 89 by the High Court of Delhi dismissing the petition as devoid of any merit. The above writ petition out of which this present appeal has arisen was filed by the appellant, Mahesh Kumar Chauhan against the order of detention dated 13-7-1989 clamped upon him by the first respondent, Union of India in exercise of the powers conferred by S. 3(l) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as the 'Act') with a view to preventing the detenu from engaging in transporting and concealing smuggled goods and dealing in smuggled goods otherwise than by engaging in keeping smuggled goods.
(3.)The entire facts of the case are well set out in the grounds of detention and, therefore, we think that it is not necessary to reiterate the same.
;


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