Supreme Court · 1995 INSC 770 · Decided 22 November 1995
MRS. Nutan J. Patel v. S.V. Prasad and ANR.
- Court
- Supreme Court of India
- Citation
- 1995 INSC 770 · [1995] SUPP. 5 S.C.R. 572
- Case number
- CRIMINAL APPEAL No. 1562/1995
- Decided
- 22 November 1995
- Bench
- K. RAMASWAMY, B.L. HANSARIA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- Constitution Article 22(5); NDPS Act
Headnote
Conse1Vation of Foreign Exchange and Prevention of Smuggling Ac- tivities Act, 1974 : c Detention-Detenu-Right to make representation-Failure to inform about-Effect of-Held violative of Article 22(5}-Detention order held vitiated. The appellant filed a writ petition challenging the detention order Activities Act, 1974, on the ground that it was violative of detenu's constitutional r.ight under Article 22(5) because he has not been informed of his right to make a representation to the Specified Officer. I The High Court dismissed the petition by holding that the detenu had E known that
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