R.J.SHAH, M.P.THAKKAR
N. H. DAVE – Appellant
Versus
MOHMED AKHTAR HUSSAIN @ IBRAHIM @ IQBAL @ KADAR AMAD WAGHER (BHATTI) – Respondent
( 1 ) PURPOSELESS and Pointless is a phrase the existentialist philosophers may unhesitatingly employ in connection with their views on life. But a Court of law would be extremely reluctant to employ such a phrase in the context of a provision of law enacted by the Parliament in its wisdom. Considerations regarding respect for the law-makers apart the Court itself would be understandably anxious to interpret a provision in a meaningful manner rather than construe it in a manner which renders it meaningless. And if this approach is made it is impossible to assent to the proposition that the whole purpose of empowering a Customs Officer to arrest a person reasonably believed to have committed an offence under the Customs Act is to enable. the Magistrate (before whom he is required to be produced within twentyfour hours) to see his face and permit him to go without anything more.
( 2 ) THE Customs Officer it is said has the power to arrest and release on bail. If he refuses to release him or the arrested person refuses to be released the only power is to produce him before a Magistrate within twenty-four hours. But thereafter he has no power to do anything but to rele
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