Supreme Court of India · 1967-01-05
R. S. SETH GOPIKRISHAN AGARWAL vs R. N. SEN, ASSISTANT COLLECTOR
- Citation / case number
- SC 1965/219
- Court
- Supreme Court of India
- Petitioner
- R. S. SETH GOPIKRISHAN AGARWAL
- Respondent
- R. N. SEN, ASSISTANT COLLECTOR
- Author
- RAO, K. SUBBA (),SHAHC.,SIKRI, S.M.,RAMASWAMI, V.,VAIDYIALINGAM, C.A.
- Bench
- RAO, K. SUBBA (CJ),SHAH, J.C.,SIKRI, S.M.,RAMASWAMI, V.,VAIDYIALINGAM, C.A.
Judgment text excerpt
The Supreme Court upheld the authorization for search issued by the Assistant Collector under Section 126(L)(2) of the Defence of India (Amendment) Rules, 1963, and Section 105 of the Customs Act, 1962. The Court found that mala fides were not proven against the officer and that the authorization did not need to explicitly state 'reason to believe' as the phraseology used was sufficient. It was held that Section 105 does not confer arbitrary power and complies with Article 14 of the Constitution, ensuring checks on the exercise of search powers.