Supreme Court of India · 2000-02-16
SUNIL FULCHAND SHAH vs UNION OF INDIA AND ORS.
- Citation / case number
- SC 1988/70956
- Court
- Supreme Court of India
- Petitioner
- SUNIL FULCHAND SHAH
- Respondent
- UNION OF INDIA AND ORS.
- Author
- ANAND, A.S. () (),NANAVATI G.T. ,THOMAS K.T. ,WADHWA, D.P. ,RAJENDRA BABU, S.
- Bench
- ANAND, A.S. (DR.) (CJI),NANAVATI G.T. ,THOMAS K.T. ,WADHWA, D.P. ,RAJENDRA BABU, S.
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 intervening release due to an erroneous High Court order. The Court emphasized that the nexus between the detention and its objective is severed if a significant period elapses while the detenu is free. Consequently, the petitions for further detention were allowed, and the detenus were not required to undergo the remaining period of detention as the original purpose was no longer valid.