Supreme Court · 1980 INSC 192 · Decided 26 September 1980

Mangalbhai Motiram Patel v. State of Maharashtra & ORS.

Court
Supreme Court of India
Citation
1980 INSC 192 · [1981] 1 S.C.R. 852
Case number
WRIT PETITION (CRIMINAL) No. 724/1980
Decided
26 September 1980
Bench
P.N. BHAGWATI, A.P. SEN, E.S. VENKATARAMIAH (3-judge bench)
Outcome
Appeal(s) allowed
Case type
Criminal
Acts & sections cited
Constitution Article 3(3), 32

Headnote

Conservation of Foreign Exchange and Prevention of Smuggling Activities Act 1974-Section 3--Constitutional imperatives in cases of detention-Delay in supplying copies of docummts, if vitiates the order of de!tention. !. The constitutional imperatives indicated in Art. 22(5) are: firstly, the after the detention, commu­ nicate to the detenu the grounds on which the order of detention has been made and secondly, the detaining authority must afford the detenu the earliest opportunity of making a representation against the order of detention. [855D] 2. The right to make a

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