Supreme Court · 2016 INSC 111 · Decided 29 January 2016
Union of India & ORS. v. Saleena
- Court
- Supreme Court of India
- Citation
- 2016 INSC 111 · [2016] 1 S.C.R. 373
- Case number
- CRIMINAL APPEAL No. 1251/2015
- Decided
- 29 January 2016
- Bench
- DIPAK MISRA, PRAFULLA C. PANT (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- Constitution Article 22(5)
Headnote
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974: s.3(1) - Order of detention - Writ of habeas corpus on the ground that the decision of competent authority was not communicated to the dete1111 - High Court held that the decision of the competent authority was not u!Art.22(5) of the Constitution was violated - Whether non-commu11icatio11 of order of the competent authority or absence of effective communication would vitiate the order of detention - Held: It is incorrect to treat issue of communication of rejection of representation by competent authority
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