Court : Orissa
Reported in : 1993CriLJ442; 1992(II)OLR395
..... before the gazetted officer or the magistrate. the provision is in pari materia with section 102(1) of the customs act, 1962 and section 19a of the foreign exchange regulation act, 1947. the plea that a person must be made aware of his rights has no substance. there are many instances where ..... . moreover, because of their ignorance and illiteracy, they cannot become self-reliant: they cannot even help themselves. the law ceases to be their protector because they do not know that they are entitled to the protection of the law and they can avail of the legal service programme for putting ..... by the various reasons given in support of especially when they contain 'propositions wider than the case itself required. this was what lord selborrne said in caledonian railway co v. walker's trustees (1882) 7 app. case, 259 46 lt (rl) and lord halsbury in quinn v. leathern. 1901 ac 495 502 ..... art. 359(1) proclaiming emergency in the country was confronted with the observations made in air 1964 sc 81 (makhan singh v. state of punjab), a constitution bench decision of seven judges wherein the observations had been made, after deciding about the scope of the presidential order under art. 359 ..... law enforcement in view of the intolerable alternatives which are possible. if the officer has unrestrained authority to ignore persona! liberties, the product is a police state: if he is barred from any interference with private rights, the result is criminal anarchy. in order to avert these ative perils and their .....Tag this Judgment!