Supreme Court · 1980 INSC 146 · Decided 4 August 1980
Hasmukh S/O Bhagwanji M. Patel v. The State of Gujarat & ORS.
- Court
- Supreme Court of India
- Citation
- 1980 INSC 146 · [1981] 1 S.C.R. 353
- Case number
- WRIT PETITION (CIVIL) No. 449/1980
- Decided
- 4 August 1980
- Bench
- R.S. SARKARIA, R.S. PATHAK (2-judge bench)
- Outcome
- Dismissed
- Case type
- Writ / Constitutional
- Acts & sections cited
- Constitution Article 22(5), 19(1), 21, 22, 32
Headnote
Writ of habeas corpus, issuance of-Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3-Concept of .~rounds of detention explained-Filing of counter-affidavit by an officer who authenticated the detention order passed by the Home Minister and issued the history of the case in the grounds of detention cannot be co'nsidered as irrelevant--Delay of 17 days excluding the time taken for communication in transit in the overall facts of the case is not so unreasonable as to amount to an infraction of the consti­ tzttiona/ imperatives in Article
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