AIR 1991 SUPREME COURT 1983 ::1991 AIR SCW 2214 ::1991 CriAppR(SC) 303 ::(1991) 36 ECC 117 ::(1992) 1 CurCriR 233 ::1991 SCC(Cri) 946 ::1991 (4) SCC 39 ::1991 (3) RecCriR 375 ::1991 (2) AllCriLR 656 ::1992 (1) ChandCriC 131 ::1991 (3) SCR 443 ::(1991) 3 Crimes 275 ::1991 (28) AllCriC 582 ::(1992) 1 EFR 5 ::1991 (3) JT 367

Supreme Court Of India

(From : Bombay)

Hon'ble Judge(s): A. M. Ahmadi, V. Ramaswami, M. M. Punchhi , JJJ

(A) Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (52 of 1974) , S.11— Preventive detention - Order of - Revocation of - Power as to - Can be exercised by State Govt. or Central Govt. or their officer ordering detention. General Clauses Act (10 of 1897) , S.21— On a conjoint reading of S.21 of the General Clauses Act and S.11 it becomes clear that the power of revocation of order of detention can be exercised by three authorities, namely, the officer of the State Government or the Central Government ordering detention, the State Govt. as well as the Central Government.(Para 3) It is obvious from a plain reading of the two clauses of sub-sec. (1) of S.11 that where an order is made by an officer of the State Government, the State Government as well as the Central Govt. are empowered to revoke the detention order. Where, however, the detention order is passed by an officer of the Central Government or a State Govt., the Central Government is empowered to revoke the detention order. This provision is clearly without prejudice to S.21 of the General Clauses Act which lays down that where by any Central Act a power to issue orders is conferred, then that power includes a power, exercisable in the like manner and subject to the like sanction and conditions, if any, to rescind any order s....