Supreme Court of India · 2000-02-16
Sunil Fulchand Shah vs Union Of India And Ors
- Citation / case number
- AIR 2000 SUPREME COURT 1023
- Court
- Supreme Court of India
- Petitioner
- Sunil Fulchand Shah
- Respondent
- Union Of India And Ors
- Bench
- G.T. Nanavati, K.T. Thomas, D.P. Wadhwa
Judgment text excerpt
The Supreme Court held that in cases of preventive detention under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, the period of detention is not automatically extended by any period of parole or erroneous release by the High Court. The Court emphasized that the nexus between the detention and its objective can be severed over time, particularly when a significant period has elapsed since the detenu's release. The Court ruled that the detenus should not be directed to undergo the remaining period of detention, as the original purpose of detention has been compromised due to the long duration of their freedom.