Supreme Court · 1999 INSC 327 · Decided 13 August 1999
Sophia Gulam MOHD. Bham v. State of Maharashtra and ORS.
- Court
- Supreme Court of India
- Citation
- 1999 INSC 327 · [1999] SUPP. 1 S.C.R. 421
- Case number
- CRIMINAL APPEAL No. 779/1999
- Decided
- 13 August 1999
- Bench
- S. SAGHIR AHMAD, D.P. WADHWA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- Constitution Article 22(5)
Headnote
Constitution of India, 1950-Article 22(5)-Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974-Section 3(/)­ Preventive Detention-Detenu arrested for smuggling activities-Grounds of detention furnished-Detention challenged on the ground material documents not by High Court-Whether detention is proper-Held, no-Detention violated the fundamental right. A B c· Preventive Detention-COFEPOSA, I974-Section 3(/)-Grounds of D detention-Held, grounds mean not only narration of facts but also all materials on which the grounds are based Constitution
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