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march 1990

Supreme Court of India · 1990-03-01

UNION OF INDIA AND ANOTHER vs VASANBHARTHI AND OTHERS

Citation / case number
SC 1989/72401
Court
Supreme Court of India
Petitioner
UNION OF INDIA AND ANOTHER
Respondent
VASANBHARTHI AND OTHERS
Author
S.R. PANDIAN
Bench
S.R. PANDIAN

Judgment text excerpt

The Supreme Court upheld the Gujarat High Court's decision to quash the detention order under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, due to non-compliance with the requirement to inform the detenu's relatives about the detention. The Court emphasized that the failure to notify the family members invalidated the detention order, aligning with the precedent set in A.K. Roy v. Union of India, [1982] 1 SCC 271. Consequently, the detenu was ordered to be released from custody.

UNION OF INDIA AND ANOTHER vs VASANBHARTHI AND OTHERS · Niyam