Supreme Court of India · 2007-09-26
SAYED ABUL ALA vs UNION OF INDIA .
- Citation / case number
- SC 2002/13671
- Court
- Supreme Court of India
- Petitioner
- SAYED ABUL ALA
- Respondent
- UNION OF INDIA .
- Author
- H.S. BEDI S.B. SINHA
- Bench
- H.S. BEDI S.B. SINHA
Judgment text excerpt
The Supreme Court held that the appellant's detention under the Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 was invalid due to the denial of his constitutional right to representation before the Advisory Board, as mandated by Article 22(5) of the Constitution. The Court found that the Advisory Board's confirmation of the detention order was flawed because the appellant and his advocate were not given a fair opportunity to present their case. Consequently, the Court quashed the detention order and directed the release of the appellant.