Supreme Court of India · 2002-08-29
Rajesh Gulati vs Govt. Of N.C.T. Of Delhi & Anr
- Citation / case number
- AIR 2002 SUPREME COURT 3094
- Court
- Supreme Court of India
- Petitioner
- Rajesh Gulati
- Respondent
- Govt. Of N.C.T. Of Delhi & Anr
- Author
- Ruma Pal
- Bench
- Ruma Pal, Arijit Pasayat
Judgment text excerpt
The Supreme Court examined the validity of the detention order under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, following the appellant's arrest for smuggling mobile phones. The Court held that the detaining authority must consider the possibility of the appellant being released on bail and the implications of his continued detention. The Court ultimately set aside the High Court's dismissal of the writ application, ruling that the detention was not justified under the circumstances.