Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 : Section 3(1). Narcotic Drugs and Psychotropic Substances Act, 1985 : Sections 8 and 18. Preventive Detention-Detention order against a person already in custody-Necessary conditions for validity of such an order. Preventive detention-Seizure of opium from appellant-Charge under Sections 8 and 18 of the N.D.P.S. Act-Rejection of bail application filed by appellant-Subsequently appellant detained under P.I.T.N.D.P.S. Act, 1988- Order passed on the ground that there was likelihood of the appellant moving the bail application-Writ challenging detention order-Rejection on the ground that the detaining authority had shown awareness of the petitioner being in custody and had also provided compelling reasons-Appeal before Supreme Court-Held, for validity of an order passed against a person in custody the necessary requirement is that there must be likelihood of the petitioners being released on bail-In the instant case the reasoning available is the 'likelihood of appellant moving an application for bail' which is different from 'likelihood to be released on bail'-This reasoning, is not sufficient compliance with the requirements laid down-Detention order held not valid. |
Judge | N/A |
Neutral Citation | 2000 INSC 509 |
Petitioner | Amritlal And Ors. |
Respondent | Union Government Through Secretary, Ministry Of Finance And Ors. |
SCR | [2000] Supp. (4) S.C.R. 450 |
Judgement Date | 2000-11-07 |
Case Number | 838 |
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