Supreme Court of India · 1988-01-27
ASHOK KUMAR vs UNION OF INDIA & ORS.
- Citation / case number
- SC 1987/71185
- Court
- Supreme Court of India
- Petitioner
- ASHOK KUMAR
- Respondent
- UNION OF INDIA & ORS.
- Author
- B.C. RAY
- Bench
- B.C. RAY
Judgment text excerpt
The Supreme Court quashed the detention order under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, holding that the detenu was not provided with vital documents necessary for making an effective representation, violating Article 22(5) of the Constitution of India. The Court emphasized that the delay in supplying these documents and the lack of timely consideration of the detenu's representation rendered the detention unlawful. Consequently, the Court ruled in favor of the appellant, ordering his release from detention.