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october 2005

Supreme Court of India · 2005-10-05

Naresh Kumar Goyal vs Union Of India And Others

Citation / case number
AIR 2005 SUPREME COURT 4421
Court
Supreme Court of India
Petitioner
Naresh Kumar Goyal
Respondent
Union Of India And Others
Author
B.P. Singh
Bench
B.P. Singh, Tarun Chatterjee, P.K. Balasubramanyan

Judgment text excerpt

The Supreme Court examined the validity of a detention order under Section 3(i), (ii), and (iii) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, which was challenged by the appellant. The Court held that the failure of the State to execute the detention order and the lack of effective steps to arrest the appellant indicated that the detention was not justified under the Act. Consequently, the Court quashed the detention order, emphasizing that preventive detention must be exercised in good faith and for the intended purpose.

Naresh Kumar Goyal vs Union Of India And Others · Niyam