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april 2013

Supreme Court of India · 2013-04-02

ABDUL NASAR ADAM ISMAIL vs STATE OF MAHARASHTRA .

Citation / case number
SC 2013/4722
Court
Supreme Court of India
Petitioner
ABDUL NASAR ADAM ISMAIL
Respondent
STATE OF MAHARASHTRA .
Author
RANJANA PRAKASH DESAI
Bench
RANJANA PRAKASH DESAI T.S. THAKUR

Judgment text excerpt

The Supreme Court held that the detention order under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 was invalid due to inordinate delay in considering the detenu's representation, violating Article 22(5) of the Constitution of India. The Court emphasized that delays at various stages indicated a casual approach by the State Government, which has been criticized in previous judgments. Consequently, the Court set aside the detention order, ruling that the procedural safeguards provided under the Constitution must be upheld.

ABDUL NASAR ADAM ISMAIL vs STATE OF MAHARASHTRA . · Niyam