Supreme Court of India · 1992-02-28
K.P.M. BASHEER vs STATE OF KARNATAKA
- Citation / case number
- SC 1992/60834
- Court
- Supreme Court of India
- Petitioner
- K.P.M. BASHEER
- Respondent
- STATE OF KARNATAKA
- Author
- S.R. PANDIAN
- Bench
- S.R. PANDIAN
Judgment text excerpt
The Supreme Court held that the detention order under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 was invalid due to the lack of timely action under Section 7 of the Act. The Court found that the State failed to show sufficient cause for the delay in executing the order, which was executed 5 months and 11 days after it was issued. The Court emphasized that the authorities did not make serious efforts to secure the appellant during critical periods when he was available, leading to the conclusion that the detention was unlawful.