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april 2013

Supreme Court of India · 2013-04-02

Abdul Nasar Adam Ismail vs State Of Maharashtra & Ors

Citation / case number
AIR 2013 SUPREME COURT 1376
Court
Supreme Court of India
Petitioner
Abdul Nasar Adam Ismail
Respondent
State Of Maharashtra & Ors
Bench
Ranjana Prakash Desai, T.S. Thakur

Judgment text excerpt

The Supreme Court upheld the detention order under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, affirming that the detenu's right under Article 22(5) was violated due to inordinate delay in considering his representation. The Court emphasized that remissness by authorities in addressing detenu's representation breaches constitutional mandates, referencing multiple precedents. Consequently, the detention order was set aside due to the failure to act promptly on the representation.

Abdul Nasar Adam Ismail vs State Of Maharashtra & Ors · Niyam