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1992 Supreme(SC) 411

J.S.VERMA, YOGESHWAR DAYAL, L.M.SHARMA
Poolpandi – Appellant
Versus
Superintendent, Central Excise – Respondent


Advocates:
A.SUBBA RAO, A.Subhashini, B.KUMAR, BINA GUPTA, HARISH N.SLAVE, K.K.MANI, K.T.S.Tulsi, Monika Lal, MONIKA MOHIL, P.PARMESHVARAN, SUMIT KACHVALA, SUSHMA SURI, U.R.Lalit

JUDGMENT

L.M. Sharma, J. - The common question arising in these cases is whether the respondent in Criminal Appeal No. 476 of 1986, the appellant in Criminal Appeals No. 301-302 of 1987 and the petitioners in the order cases are entitled to the presence of their lawyers when they are questioned during the investigation under the provisions of the Customs Act, 1962 and the Foreign Exchange Regulation Act, 1973 (hereinafter referred as to FERA). There is difference of opinion between the High Courts on this issue, the Delhi High Court in the judgment (reported in 1985 Crl. Law Journal at page 1325) under challenge in Criminal Appeal No. 476 of 1986 holding against the revenue, and the Madras High Court taking the opposite view in its judgment impugned in Criminal Appeals No. 301-302 of 1987.

2. The main argument has been addressed by Mr. Salve with reference to the facts in Criminal Appeals No. 301 and 302 of 1987 arising out of a matter under the Customs Act, 1962. Mr. U.R. Lalit, the Counsel in Writ Petition (Crl.) No. 717 of 1991, has adopted his contentions and supported the same by additional grounds. The Enforcement Directorate, Delhi Zone, investigating the matter under the FERA

























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Judicial Analysis

MADHAV MAGANLAL & CO. VS UNION OF INDIA - 2017 0 Supreme(Del) 1981: "Superintendent, Central Excise and Others, (1992) 3 SCC 259. In Naresh J. Sukhawani vs. ... under Section 108 of the Customs Act must be rejected on the view taken by a bench of three Hon’ble Judges of the Supreme Court in Poolpandi ..."

This indicates that the decision in Poolpandi has been explicitly rejected or rejected as bad law in subsequent case law, specifically in the context of the view in Naresh J. Sukhawani.

VIRBHADRA SINGH VS ENFORCEMENT DIRECTORATE - 2017 0 Supreme(Del) 1984: "Superintendent, Central Excise and Ors., (1992) 3 SCC 259, rendered by a bench of three Hon'ble Judges ... The Minister of National Revenue, 1948 SCC OnLine PC 65; and Commissioner of Central Excise, Trichy vs. ... The decision in Poolpandi and Ors. Vs."

The phrase "rendered by a bench of three Hon'ble Judges" combined with references to other cases suggests that the Poolpandi decision has been critically examined or possibly overruled or distinguished in this context, especially since subsequent references tend to question or differentiate it.

Tata Teleservices VS Union of India - 2016 0 Supreme(Guj) 251: "It is submitted that, therefore, the decision in the case of Poolpandi Versus Superintendent, Central Excise, reported in a href"

The context implies that this case is being discussed in relation to Poolpandi, possibly questioning its validity or applicability, but without explicit language indicating overruling.

Muhammed Asif K. A. VS Sreejith M. - 2021 0 Supreme(Ker) 237: "Supervising the argument ... in Poolpandi and Others Vs. ... were being made to conclude the investigation by recording the statements of the petitioners while undergoing detention in the Central"

The mention of arguments "being made" suggests ongoing debate or critique but does not explicitly state that Poolpandi has been overruled or rejected.

[Followed / Reaffirmed]:

Multiple references (e.g., Sugreev Singh VS State of M. P. - 1993 0 Supreme(MP) 186, SUGREEV SINGH VS STATE OF MADHYA PRADESH - 1993 0 Supreme(MP) 183, Kartar Singh: Kripa Shankar Rai VS State Of Punjab - 1994 0 Supreme(SC) 1, Directorate of Enforcement VS Deepak Mahajan - Crimes (1994), Directorate Of Enforcement VS Deepak Mahajan - 1994 0 Supreme(SC) 147, K. I. Pavunny VS Assistant Collector (Hq) , Central Excise Collectorate, Cochin - 1997 2 Supreme 524, K. I. Pavunny VS Assistant Collector (Head Quarter), Central Excise Collectorate, Cochin - 1997 2 Supreme 524, Union Of India VS Nsr Krishna Prasad - 1997 0 Supreme(SC) 513, Assistant Collector Of Central Excise, Rajamundry VS Duncan Agro Industries LTD. - 2000 5 Supreme 444, Assistant Collector of Central Excise, Rajamundry VS Duncan Agro Industries Ltd. - 2000 5 Supreme 444, ASMITA AGARWAL VS ENFORCEMENT DIRECTORATE - 2001 0 Supreme(Del) 1641, SENIOR INTELLIGENCE OFFICER VS JUGAL KISHORE SAMRA - 2011 0 Supreme(UK) 353, Senior Intelligence Officer VS Jugal Kishore Samra - 2011 5 Supreme 297, Director of Revenue Intelligence VS Vinod Kumar Mulani - Crimes (2012), Punjab National Bank VS Kingfisher Airlines Limited - 2015 0 Supreme(Del) 2955, Tata Teleservices VS Union of India - 2016 0 Supreme(Guj) 251, Dalmia Cement (Bharat) Limited VS State of Andhra Pradesh - 2016 0 Supreme(AP) 72, Dalmia Cement (Bharat) Limited VS Assistant Director of Enforcement Directorate, 3rd Floor, Shakar Bhavan, Basheerbagh, Hyderabad - 2016 0 Supreme(AP) 155, ORIENTAL RUBBER INDUSTRIES PRIVATE LIMITED VS COMPETITION COMMISSION OF INDIA - 2016 0 Supreme(Del) 1762, Kishin S. Loungani VS Union of India - 2016 0 Supreme(Ker) 986, Jignesh Kishorbhai Bhajiawala VS State of Gujarat - 2017 0 Supreme(Guj) 26, State of Rajasthan VS Mangal Singh S/o Buddha - 2017 0 Supreme(Raj) 287, State of Rajasthan VS Mangal Singh - Crimes (2017), SIDDHARTH JAIN VS UNION OF INDIA - 2017 0 Supreme(Del) 1809, MADHAV MAGANLAL & CO. VS UNION OF INDIA - 2017 0 Supreme(Del) 1981, VIRBHADRA SINGH VS ENFORCEMENT DIRECTORATE - 2017 0 Supreme(Del) 1984, Kavitha G. Pillai VS Joint Director, Director of Enforcement, Government of India - 2017 0 Supreme(Ker) 839, G. S. Thakur VS State of Gujarat - 2017 0 Supreme(Guj) 1826, Competition Commission of India VS Oriental Rubber Industries Private Limited - 2018 0 Supreme(Del) 1249, Bhag Singh S/o Shri Jorawar Singh VS Union of India Through Secretary of Finance - 2018 0 Supreme(Raj) 436, P. V. Ramana Reddy VS Union of India, Ministry of Finance, Department of Revenue - 2019 0 Supreme(Telangana) 147, Rajeev Kumar VS Central Bureau of Investigation (CBI) - 2019 0 Supreme(Cal) 322, Adani Enterprises Limited, Ahmedabad VS Union of India - 2019 0 Supreme(Bom) 1545, Subhash Joshi VS Director General Of GST Intelligence (DGGI) - 2020 0 Supreme(MP) 574, Subhash Joshi VS Director General Of GST Intelligence (DGGI) - 2020 0 Supreme(MP) 916, Vimal Yashwantgiri Goswami VS State Of Gujarat - 2020 0 Supreme(Guj) 885, C. M. Raveendran S/o. Chakkeri Meethal Choyi VS Union of India Represented By The Secretary, Government of India, New Delhi - 2020 0 Supreme(Ker) 987, Dhruv Krishan Maggu VS Union of India - 2021 0 Supreme(Del) 17, Muhammed Asif K. A. VS Sreejith M. - 2021 0 Supreme(Ker) 237, Anil Vasantrao Deshmukh VS Directorate of Enforcement, through its Director - Crimes (2021), Anil Vasantrao Deshmukh, VS Directorate Of Enforcement - 2021 0 Supreme(Bom) 1655, Directorate Of Enforcement VS Satyendar Kumar Jain - 2022 0 Supreme(Del) 830, Sanjay Mukeshbhai Patel VS State Of Gujarat - 2022 0 Supreme(Guj) 1755, Vijay Madanlal Choudhary VS Union of India - 2022 7 Supreme 193, Birendra Kumar Pandey VS Union of India - 2023 0 Supreme(SC) 936, Radhika Agarwal VS Union of India - 2025 2 Supreme 518, Dhruv Krishan Maggu VS Union of India - 2021 0 Supreme(Del) 17)

These references generally cite or rely upon the decision in Poolpandi (1992 SCC 259), indicating that the case has been followed or reaffirmed in multiple contexts, especially regarding the powers of Central Excise officers and investigation procedures.

Tata Teleservices VS Union of India - 2016 0 Supreme(Guj) 251, Vijay Madanlal Choudhary VS Union of India - 2022 7 Supreme 193, Birendra Kumar Pandey VS Union of India - 2023 0 Supreme(SC) 936, Radhika Agarwal VS Union of India - 2025 2 Supreme 518, and other similar references:

These cases mention Poolpandi but do not explicitly state whether it has been overruled, distinguished, or followed. Their treatment remains ambiguous based solely on the provided snippets.

The language suggests reliance or discussion rather than clear affirmation or rejection, making their treatment uncertain.

The consistent references to Poolpandi in various contexts, including reaffirmation, suggest it remains a significant precedent, but the explicit mention of rejection or overruling appears limited to the cases identified above.

The cases explicitly mentioning rejection or questioning (e.g., Naresh J. Sukhawani, and possibly the case in VIRBHADRA SINGH VS ENFORCEMENT DIRECTORATE - 2017 0 Supreme(Del) 1984) are key indicators of bad law status.

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