Supreme Court · 1978 INSC 97 · Decided 1 May 1978
Nirmal Kumar Khandelwal v. Union of India and ORS.
- Court
- Supreme Court of India
- Citation
- 1978 INSC 97 · [1978] 3 S.C.R. 817
- Case number
- WRIT PETITION (CRIMINAL) No. 1238/1978
- Decided
- 1 May 1978
- Bench
- R.S. SARKARIA, P.S. KAILASAM (2-judge bench)
- Outcome
- Case Allowed
- Case type
- Criminal
- Acts & sections cited
- Constitution Article 22(4), 32
Headnote
Conserration of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 8, clause (f)-No order confirming the detention passed by the appropriate Governnient within three months of the commencement of the detention-JVhether violates Art, 22(4) of the Constitution. A B The Secretary to the Government of Maharashtra under Section 3(1) of COFEPOSA. The Advisory Board reported on 23-12-77 that there was sufficent cause for the detention but the Government did not pass any order confirming the detention within three months from the date of detention. The petitioner
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