Supreme Court · 2003 INSC 540 · Decided 13 October 2003
Union of India v. Paul Manickam and ANR.
- Court
- Supreme Court of India
- Citation
- 2003 INSC 540 · [2003] SUPP. 4 S.C.R. 618
- Case number
- CRIMINAL APPEAL No. 21/2002
- Decided
- 13 October 2003
- Bench
- DORAISWAMY RAJU, ARIJIT PASAYAT (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- Constitution Article 22(5); Customs Act Section 3(1)(i)
Headnote
Constitution of India, 1950: Article 22 (5)-Preventive detention- Representation made to President of India instead of authorities mentioned in the detention order- C Habeas Corpus petition filed concealing correct facts about the representation-High Court dismissed petition-Review Petition filed allowed quashing the detention order due to inordinate delay in considering the representation-On Appeal Held, D compliance of all requirements and safeguards mandatory even if detention is for a brief period-Preventive detention is an anticipatory measure and does not relate to an offence-It is
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