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.