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february 2000

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.

Sunil Fulchand Shah vs Union Of India And Ors · Niyam