Supreme Court · 2004 INSC 112 · Decided 16 February 2004
Union of India v. Amrit Lal Manchanda and ANR.
- Court
- Supreme Court of India
- Citation
- 2004 INSC 112 · [2004] 2 S.C.R. 422
- Case number
- CRIMINAL APPEAL No. 223/2004
- Decided
- 16 February 2004
- Bench
- DORAISWAMY RAJU, ARIJIT PASAYAT (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- Constitution Article 141
Headnote
Preventive Detention- Nature of-Held, it is a preventive action and not punitive-Preservation of public order and security of state and society C paramount considerations-Decision based on discretion of executive­ Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 3 (1)-Preventive detention-Necessity for-Order D of detention not executed for several months due to stay order of court­ Proposed detenu contending that there was no necessity for detention after Such lapse of time-Held, detenu cannot fake unfair advantage of his own acts.
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