Supreme Court · 1998 INSC 246 · Decided 28 May 1998
S.M.F. Sultan Abdul Kader v. JT. SECY., to GOVT. of India and ORS.
- Court
- Supreme Court of India
- Citation
- 1998 INSC 246 · [1998] 3 S.C.R. 508
- Case number
- WRIT PETITION (CRIMINAL) No. 444/1997
- Decided
- 28 May 1998
- Bench
- G.T. NANAVATI, S. SAGHIR AHMAD (2-judge bench)
- Outcome
- Case Allowed
- Case type
- Criminal
- Acts & sections cited
- Constitution Article 32
Headnote
COFEPOSA Act-1974---S 3(1)--Detention-Explanation for the delay of 1 7 months from the date of the detention order to executing it not C satisfactory and not borne out by the records· That the detenu was not traceable not substantiated-unreasonable delay robs the justification for on 14-3-1996 though he was actually detained only on 7.8.97. The appellant challenged the detention D on the grounds that there was a delay in making the detention order and executing it and that he was not given a copy of the written proposal of the sponsoring authority to the detaining
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