Supreme Court of India

Directorate of Enforcement v. Deepak Mahajan and Anr.

Neutral citation

Bench S. Ratnavel Pandian and K. Jayachandra Reddy JJ.

Decided 31 January 1994

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

16 Supreme Court benches have cited this judgment.

From the headnote

Criminal Procedure Code 1973: Sections 167(1) and (2)--Person ar rested under Special Act viz. FERA or Customs Act and produced before a Magistrate-Jurisdiction to authorise detention-Held : Magistrate has the jurisdiction under S. 167(2)-ATTest and custody-Distinction between-ATTest condition precedent to judicial custody-Object and applicability of S. 167( 1)-AlTest need not be by Police Officer alone-'Police Officer' includes authorised or empowered officer under special Acts like FERA/Customs Act.

Authorities it was built on

1954 H. N. Rishbud and Inder Singh v. The State of Delhi cited by 39
1960 State of U.P. v. Deoman Upadhyaya cited by 37
1960 M. Pentiah and Others v. Muddala Veeramallappa and Others cited by 35
1984 A.R. Antulay v. Ramdas Sriniwas Nayak and Another cited by 33
1980 Niranjan Singh & Anr. v. Prabhakar Rajaram Kharote & Ors. cited by 26
1968 Illias v. Collector of Customs, Madras cited by 11

Where later benches applied it

2023 V. Senthil Balaji v. The State Represented by Deputy Director and Ors. relied on
2021 The High Court of Judicature at Madras Rep. by its Registrar General v. M.C. Subramaniam and Ors. relied on
2020 Union of India v. Ashok Kumar Sharma and Others relied on
2017 Ms. Eera through Dr. Manjula Krippendorf v. State (govt. of Nct of Delhi) & Anr. relied on
2014 Sundeep Kumar Bafna v. State of Maharashtra & Anr. relied on
2025 M/s Celestium Financial v. A. Gnanasekaran Etc referred to
2025 Radhika Agarwal v. Union of India and Others referred to
2022 Vijay Madanlal Choudhary & Ors. v. Union of India & Ors. referred to
2022 V. Prakash @ G.N.V. Prakash v. M/s. P.S. Govindaswamy Naidu & Sons’ Charities Represented by its Managing Trustee & Ors. referred to
2021 Lalit Kumar Jain v. Union of India & Ors. referred to
2019 G H Kanwar Pal Singh v. The State of Uttar Pradesh and Another referred to
2014 State of Nct of Delhi v. Sanjay referred to
2014 The Bangalore Turf Club Ltd. v. Regional Director, Employees State Insurance Corporation referred to
2013 State of U.P. v. Hari Ram referred to
2012 Rattiram & Ors. v. State of M. P. through Inspector of Police referred to
2011 Om Prakash & Anr. v. Union of India & Anr. referred to

Of those, 5 relied on · 11 referred to

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