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may 2023

Supreme Court of India · 2023-05-04

YAMAL MANOJBHAI vs UNION OF INDIA

Citation / case number
SC 2023/6871
Court
Supreme Court of India
Petitioner
YAMAL MANOJBHAI
Respondent
UNION OF INDIA
Author
HON'BLE MR. JUSTICE KRISHNA MURARI

Judgment text excerpt

The Supreme Court addressed the issue of personal liberty under Article 21 in the context of a Customs Act violation, specifically regarding the right of an accused to settle disputes under Chapter XIV A of the Customs Act. The petitioner, an NRI, was arrested for attempting to smuggle high-value goods, including watches, at Delhi Airport. The Court examined whether the arrest and subsequent detention violated the petitioner’s fundamental rights, emphasizing the importance of personal liberty and procedural safeguards. The matter was referred to the Chief Justice of India due to divergence of opinion among the judges.

YAMAL MANOJBHAI vs UNION OF INDIA · Niyam