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february 1988

Supreme Court of India · 1988-02-08

STATE OF GUJARAT vs SUNIL FULCHAND SHAH & ANOTHER

Citation / case number
SC 1988/70755
Court
Supreme Court of India
Petitioner
STATE OF GUJARAT
Respondent
SUNIL FULCHAND SHAH & ANOTHER
Author
L.M. SHARMA
Bench
L.M. SHARMA

Judgment text excerpt

The Supreme Court held that a mere error in the description of a document in the grounds of detention under Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, does not vitiate the detention order. The Court emphasized that it is not an inflexible rule for the detaining authority to file an affidavit or to mention every piece of evidence in the grounds of detention. The appeal was allowed, reinstating the detention order as the detaining authority had applied its mind to the relevant documents.

STATE OF GUJARAT vs SUNIL FULCHAND SHAH & ANOTHER · Niyam