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.