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.