Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Preventive Detention COFEPOSA |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Preventive Detention - Detention u/s. 3(1) of COFEPOSA - Detention order assailed on two grounds (1) there was no independent consideration of the representation of the detenu, and (2) delay in disposal of the representation and delay in transmitting the representation to the detaining authority by the jail authority - Held: The plea of lack of independent consideration is without any basis - Any unexplained delay would be breach of constitutional imperative provided under Art.22(5) - But it does not mean that everyday's delay has to be explained - Explanation must be reasonable indicating that there was no slackness or indifference - The detaining authority, and the sponsoring authority in the present case, have properly explained the time lag between receipt of the representation and the date of communication of rejection to the detenu - However, the delay in transmitting the representation to the detaining authority by the jail authority is not explained - Therefore, the continued detention of detenu is illegal - However, the delay has not vitiated the detention order - Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 - s.3(1) - Constitution of India, 1950 - Art. 22(5) . Practice and Procedure - New plea - Permissibility to raise before Supreme Court - Held: New plea in the case of preventive detention is permissible. |
Judge | Hon'ble Ms. Justice Ranjana Prakash Desai |
Neutral Citation | 2013 INSC 209 |
Petitioner | Abdul Nasar Adam Ismail Through Abdul Basheer Adam Ismail |
Respondent | The State Of Maharashtra & Ors |
SCR | [2013] 6 S.C.R. 86 |
Judgement Date | 2013-04-02 |
Case Number | 520 |
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