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july 1975

Supreme Court of India · 1975-07-15

KRISHNA MURARI AGGARWALA vs THE UNION OF INDIA & ORS.

Citation / case number
SC 1975/60507
Court
Supreme Court of India
Petitioner
KRISHNA MURARI AGGARWALA
Respondent
THE UNION OF INDIA & ORS.
Author
SYED MURTAZA FAZALALI
Bench
SYED MURTAZA FAZALALI

Judgment text excerpt

The Supreme Court held that detention under Section 3(1)(a)(iii) of the Maintenance of Internal Security Act, 1971, requires a clear correlation between the alleged acts and disruption of essential supplies. The Court found the first ground of detention irrelevant as it lacked evidence of affecting distribution, while the second ground indicated fictitious sales. Since one ground was deemed irrelevant, the entire detention order was quashed, emphasizing that subjective satisfaction of the detaining authority must be tested for objectivity.

KRISHNA MURARI AGGARWALA vs THE UNION OF INDIA & ORS. · Niyam