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november 1978

Supreme Court of India · 1978-11-07

REKHABEN VIRENDRA KAPADIA vs STATE OF GUJARAT & ORS.

Citation / case number
SC 1978/90303
Court
Supreme Court of India
Petitioner
REKHABEN VIRENDRA KAPADIA
Respondent
STATE OF GUJARAT & ORS.
Author
P.S. KAILASAM
Bench
P.S. KAILASAM

Judgment text excerpt

The Supreme Court held that the detention order under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, was invalid due to a lack of reasonable nexus between the alleged prejudicial activities and the purpose of detention. The Court found that the activities cited occurred in 1973 and 1974, with no new incidents after the appellant's release in December 1974, leading to the conclusion that the detaining authority's satisfaction was mechanical and lacked genuine consideration. Consequently, the appeal was allowed, and the detention order was quashed.

REKHABEN VIRENDRA KAPADIA vs STATE OF GUJARAT & ORS. · Niyam