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november 1995

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.

THE STATE OF U.P. vs SHAKEEL AHMED · Niyam