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may 1989

Supreme Court of India · 1989-05-01

SUNIL FULCHAND SHAH vs UNION OF INDIA .

Citation / case number
SC 1988/68080
Court
Supreme Court of India
Petitioner
SUNIL FULCHAND SHAH
Respondent
UNION OF INDIA .
Author
R.S. () PATHAK
Bench
R.S. (CJ) PATHAK

Judgment text excerpt

The Supreme Court referred cases concerning preventive detention to a five-judge bench, emphasizing the public importance of determining whether parole periods should count towards total detention time under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. The Court noted that the detaining authority's subjective judgment dictates the detention period, and addressed the implications of erroneous High Court decisions on detenu releases. The earlier judgments in State of Gujarat v. Adam Kasam Bhaya and others were affirmed, while the need for legislative clarity was highlighted.

SUNIL FULCHAND SHAH vs UNION OF INDIA . · Niyam