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april 2018

Supreme Court of India · 2018-04-10

Secretary To Government Of Tamil Nadu ... vs Kamala

Citation / case number
AIR 2018 SC (SUPP) 1099
Court
Supreme Court of India
Petitioner
Secretary To Government Of Tamil Nadu ...
Respondent
Kamala
Author
D Y Chandrachud
Bench
D Y Chandrachud, A M Khanwilkar, Dipak Misra

Judgment text excerpt

The Supreme Court held that the absence of a specified period in a detention order under Section 3(1)(ii) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 does not render the order invalid. The Court overruled the previous decision in Commissioner of Police v Gurbux Anandram Bhiryani, clarifying that the detaining authority is not required to specify a period of detention, as established in T Devaki v Government of Tamil Nadu. Consequently, the High Court's decision to quash the detention order was deemed unjustified, and the appeal by the Government of Tamil Nadu was upheld.

Secretary To Government Of Tamil Nadu ... vs Kamala · Niyam