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october 1981

Supreme Court of India · 1981-10-23

STATE OF GUJARAT vs ISMAIL JUMA & ORS.

Citation / case number
SC 1981/63714
Court
Supreme Court of India
Petitioner
STATE OF GUJARAT
Respondent
ISMAIL JUMA & ORS.
Bench
ISLAM, BAHARUL (J)

Judgment text excerpt

The Supreme Court held that the order of detention under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, was valid as the detaining authority had applied its mind to the facts of the case. The Court clarified that the High Court's finding, which quashed the detention order, was based on an unjustified presumption. The Court further stated that once the quashing order is set aside, the detention order is revived and becomes effective again.

STATE OF GUJARAT vs ISMAIL JUMA & ORS. · Niyam