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february 1992

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.

K.P.M. BASHEER vs STATE OF KARNATAKA · Niyam