Supreme Court · 1990 INSC 392 · Decided 20 December 1990
Additional Secretary to the Government of India and Ors . v. SMT. Alka Subhash Gadia and ANR.
- Court
- Supreme Court of India
- Citation
- 1990 INSC 392 · [1990] SUPP. 3 S.C.R. 583
- Case number
- CRIMINAL APPEAL No. 440/1989
- Decided
- 20 December 1990
- Bench
- A.M. AHMADI, P.B. SAWANT, S.C. AGRAWAL (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- Constitution Article 14, 19, 21, 22, 22(5), 226, 32
Headnote
Constitution of India, 1950: Articles 14, 19, 21 and 22-Liberty of a person-Deprival of-Whether permissible without apprising grounds of arrest-Whether State required to disclose facts in advance. Articles 32 and 226--Jurisdictionary powers of judicial review­ Whether Courts could refuse termination order at pre-execution stage-Whether amounts to aban­ donment of power and denial to the proposed detenu remedy of judicial review and right to challenge the order. Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974: Section 3( /)-Detention
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