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october 2005

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.

NARESH KUMAR GOYAL vs UNION OF INDIA . · Niyam