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october 2003

Supreme Court of India · 2003-10-13

Union Of India vs Paul Nanickan And Anr

Court
Supreme Court of India
Petitioner
Union Of India
Respondent
Paul Nanickan And Anr
Author
Arijit Pasayat
Bench
Doraiswamy Raju, Arijit Pasayat

Judgment text excerpt

The Supreme Court held that the detention order under Section 3(1)(i) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 was invalid due to violation of Article 22(5) of the Constitution, as the detenue was not provided with legible documents necessary for making an effective representation. The Court emphasized that the failure to furnish adequate information undermines the constitutional safeguards against arbitrary detention. Consequently, the Court set aside the detention order and ordered the release of the detenue.

Union Of India vs Paul Nanickan And Anr · Niyam