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april 1980

Supreme Court of India · 1980-04-18

SABIR AHMED vs UNION OF INDIA AND ORS.

Citation / case number
SC 1980/63210
Court
Supreme Court of India
Petitioner
SABIR AHMED
Respondent
UNION OF INDIA AND ORS.
Author
RANJIT SINGH SARKARIA
Bench
RANJIT SINGH SARKARIA

Judgment text excerpt

The Supreme Court held that under Section 11 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, the Central Government has a duty to consider representations made by a detenu for revocation of detention. The Court clarified that even if the representation repeats allegations from the initial detention order, it must be considered as it may yield different outcomes at a higher authority. The failure to consider such representations vitiates the legality of the detention, establishing that the power to revoke detention carries an inherent duty to act on representations expeditiously.

SABIR AHMED vs UNION OF INDIA AND ORS. · Niyam