HAMIDA SARFARAZ QUREISHI vs M. S. KASBEKAR & OTHERS

The Supreme Court held that the detention of Sarfaraz Maqbool Qureishi under Section 3 of the Prevention of Black-marketing and Maintenance of Supplies of Essential Commodities Act, 1980 (PREBLACT) violated Article 22(5) of the Constitution, as the detenu was not afforded the earliest opportunity to make a representation against his detention. The Court emphasized that the detenu's right to be heard in person by the Advisory Board was denied due to his incapacitated state in the hospital. Consequently, the Court ordered the release of the detenu, finding the detention unlawful.