Supreme Court of India · 2005-10-05
NARESH KUMAR GOYAL vs UNION OF INDIA .
- Citation / case number
- SC 2003/21859
- Court
- Supreme Court of India
- Petitioner
- NARESH KUMAR GOYAL
- Respondent
- UNION OF INDIA .
- Author
- B.P. SINGH,TARUN CHATTERJEE,P.K. BALASUBRAMANYAN
- 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 on grounds of non-execution and lack of effective steps taken by the State to arrest him. The Court held that the High Court erred in dismissing the writ petition without considering the inaction of the State, thereby establishing that detention orders must be executed promptly and justifiably. The appeal was allowed, quashing the detention order.