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january 1990

Supreme Court of India · 1990-01-31

M. AHAMEDKUTTY. vs UNION OF INDIA & ANR.

Citation / case number
SC 1990/77061
Court
Supreme Court of India
Petitioner
M. AHAMEDKUTTY.
Respondent
UNION OF INDIA & ANR.
Author
K.N. SAIKIA
Bench
K.N. SAIKIA

Judgment text excerpt

The Supreme Court held that the detention order under Section 3(1)(i) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, was invalid due to inordinate delay in both passing and executing the order. The Court emphasized the necessity of supplying all relevant documents, including the bail application and order, to the detenu, as their absence indicated a lack of application of mind by the detaining authority. Consequently, the Court set aside the detention order, reinforcing the principle that unexplained delays can undermine the validity of such orders.

M. AHAMEDKUTTY. vs UNION OF INDIA & ANR. · Niyam