Supreme Court · 1979 INSC 111 · Decided 4 May 1979
Vimal Chand Jawantraj Jain v. Shri Pradhan and ORS.
- Court
- Supreme Court of India
- Citation
- 1979 INSC 111 · [1979] 3 S.C.R. 1007
- Case number
- WRIT PETITION (CRIMINAL) No. 146/1979
- Decided
- 4 May 1979
- Bench
- P.N. BHAGWATI, R.S. PATHAK (2-judge bench)
- Outcome
- Case Allowed
- Case type
- Criminal
- Acts & sections cited
- Constitution Article 22(5), 32; Customs Act
Headnote
Conservation of Forei,::11 Exchange and Prevention of Sn1ug1-Jing Actil'ities Act, 1974 (Act 52 of 1974)-Representation of the petitioner not considered by the State Govenunent-Confinning the detention order 011 the basi,r of the Advisory Bot1rd's report is int·a[id being in contravention of the repre,~entation C could not cure the itn·alidity of confirn1ation of detention. The detenu under the COFEPOSA challenged the orders detaining him as violative of Art. 22(5) of the Constitution on the ground that his representa· tion was neither considered nor disposed
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