Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Conservation of Foreign Exchange and Prevention of Smuggling activities Act 1974 : Sections 10 and 12 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Allowed |
Headnote | Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 : Sections 10 and 12Preventive detention-Period of detention-Computation of-Has to be computed from the date of actual detention and not from the date of Detention Order. Preventive detention-Grant of parole-Effect of-Held, parole does not interrupt the period of detention-That period should be counted towards the period of detention-Period of detention does not stand automatically extended by any period of parole unless the order of parole or Rules or instructions specifically provided for extension of detention.Preventive detention-Detention order-Setting aside of by High Court directing release of detenu-On appeal Supreme Court reversing erroneous decision of High Court and directing detention of detenu-Effect on remaining period of detention.Preventive detention-Parole during-Can be granted as per rules or administrative instructions-Detenu should approach the Government-ln case of unjustifiable refusal by government High Court under Article 226 and Supreme Court under Articles 32, 136 and 142 can direct temporary release. Parole and Bail-Distinction between-Discussed. |
Judge | Honble Dr. Justice A.S. Anand |
Neutral Citation | 2000 INSC 74 |
Petitioner | Sunil Fulchand Shah |
Respondent | Union Of India And Ors. |
SCR | [2000] 1 S.C.R. 945 |
Judgement Date | 2000-02-16 |
Case Number | 248 |
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