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november 1978

Supreme Court of India · 1978-11-17

NARENDRA PURSHOTAM UMRAO ETC. vs B. B. GUJRAL & ORS..

Citation / case number
SC 1978/90251
Court
Supreme Court of India
Petitioner
NARENDRA PURSHOTAM UMRAO ETC.
Respondent
B. B. GUJRAL & ORS..
Author
A.P. SEN
Bench
A.P. SEN

Judgment text excerpt

The Supreme Court upheld the detention of the appellant under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, ruling that the government's handling of the detenu's representations complied with Article 22(5) of the Constitution. The Court clarified that the obligation to consider representations is separate from the duty to forward them to the Advisory Board. It emphasized that constitutional safeguards must be read into Section 8(b) of the Act to prevent arbitrary executive action, thus confirming the legality of the detention order.

NARENDRA PURSHOTAM UMRAO ETC. vs B. B. GUJRAL & ORS.. · Niyam