Supreme Court · 1980 INSC 14 · Decided 30 January 1980
Pabitra N. Rana v. Union of India and ORS.
- Court
- Supreme Court of India
- Citation
- 1980 INSC 14 · [1980] 2 S.C.R. 869
- Case number
- WRIT PETITION (CRIMINAL) No. 1376/1979
- Decided
- 30 January 1980
- Bench
- S. MURTAZA FAZAL ALI, P.S. KAILASAM, A.D. KOSHAL (3-judge bench)
- Outcome
- Case Allowed
- Case type
- Criminal
- Acts & sections cited
- Constitution Article 22(5), 22, 32
Headnote
B Preventive Detention under stk:tion 3(1) of the (7onservation of Foreign Exchange and Prevention of Sniugg/ing Activities Act, 1974-Inordinate and u1W!xplai11cd delay in deciding the representation filed by thei, detenu violateS' _ Article 22(5) of the Constitution and hence vitiates detention. clauses 4 and 5 of Article 22 of the Constitution tho detenu has a dual right viz. (i) to have the representation, irrespective of the length of detention, considered by the appropriate Government; and c (ii) to have the representation considered by the Board duly constituted D under the concuned
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