Supreme Court · 1990 INSC 194 · Decided 14 May 1990
Syed Farooq Mohammad v. Union of India and ANR.
- Court
- Supreme Court of India
- Citation
- 1990 INSC 194 · [1990] 3 S.C.R. 240
- Case number
- WRIT PETITION (CIVIL) No. 247/1990
- Decided
- 14 May 1990
- Bench
- B.C. RAY, P.B. SAWANT (2-judge bench)
- Outcome
- Dismissed
- Case type
- Writ / Constitutional
- Acts & sections cited
- Constitution Article 22(5); NDPS Act Section 3; Customs Act Section 108
Headnote
Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988: Section 3( 1) and 8. Preventive detention-'Live and proximate link' is necessary between grounds of detention and purpose of detention-Long and unexplained delay between the date of detention order and the conduct in evading arrest then link is not snap­ ped but strengthened. D Preventive detention-Counter affidavit-Not sworn by detaining authority himself-A verments in the affidavit whether to be taken note of-In the absence of detaining authority the affidavit should be sworn by a
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