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january 1991

Supreme Court of India · 1991-01-23

K.M. ABDULLA KUNHI THRU C.M. MAHIN vs STATE OF KARNATAKA .

Citation / case number
SC 1989/70375
Court
Supreme Court of India
Petitioner
K.M. ABDULLA KUNHI THRU C.M. MAHIN
Respondent
STATE OF KARNATAKA .
Author
RAY, B.C. ,KANIA, M.H.,SHETTY, K. ,SHARMA, L.M. ,VERMA, JAGDISH SARAN
Bench
RAY, B.C. ,KANIA, M.H.,SHETTY, K.J. ,SHARMA, L.M. ,VERMA, JAGDISH SARAN

Judgment text excerpt

The Supreme Court held that under Sections 3, 8, 10, and 11 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, the confirmation of a detention order without considering the detenu's representation is invalid. The Court reiterated the principle established in V.J. Jain v. Shri Pradhan, emphasizing that subsequent consideration of the representation does not rectify the initial invalidity. The Court ultimately upheld the detention orders, ruling that the confirmation process was valid despite the timing of the representation's consideration.

K.M. ABDULLA KUNHI THRU C.M. MAHIN vs STATE OF KARNATAKA . · Niyam