Supreme Court of India · 1995-11-28
THE STATE OF U.P. vs SHAKEEL AHMED
- Citation / case number
- SC 1992/84474
- Court
- Supreme Court of India
- Petitioner
- THE STATE OF U.P.
- Respondent
- SHAKEEL AHMED
- Author
- K. RAMASWAMY
- Bench
- K. RAMASWAMY
Judgment text excerpt
The Supreme Court held that the High Court erred in setting aside the detention order under Section 3(1)(iii) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, as it is not mandatory to supply the report of the sponsoring authority to the detenu under Article 22(5) of the Constitution. The Court found that the delay of 23 days in considering the representation was not fatal to the detention order. Consequently, the High Court's order was deemed illegal, but since the detention period had expired, further detention was not warranted.