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november 1978

Supreme Court of India · 1978-11-03

ASHADEVI, WIFE OF GOPAL GHERMAL MEHTA (DETENU) vs K. SHIVERAJ,ADDL. CHIEF SECRETARY TO THE GOVERNMENT OFGUJAR

Citation / case number
SC 1978/90460
Court
Supreme Court of India
Petitioner
ASHADEVI, WIFE OF GOPAL GHERMAL MEHTA (DETENU)
Respondent
K. SHIVERAJ,ADDL. CHIEF SECRETARY TO THE GOVERNMENT OFGUJAR
Author
V.D. TULZAPURKAR
Bench
V.D. TULZAPURKAR

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 the detaining authority's complete non-application of mind to vital facts. The Court emphasized that failure to consider material facts that could influence the decision to detain vitiates the subjective satisfaction required for a valid detention order. The appeal was allowed, and the detention order was set aside as it did not meet the legal standards of fairness and justice.

ASHADEVI, WIFE OF GOPAL GHERMAL MEHTA (DETENU) vs K. SHIVERAJ,ADDL. CHIEF SECRETARY TO THE GOVERNMENT OFGUJAR · Niyam