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KAMLESHKUMAR ISHWARDAS PATEL ETC. ETC. vs. UNION OF INDIA AND ORS. ETC. ETC.

SCR Citation: [1995] 3 S.C.R. 279
Year/Volume: 1995/ Volume 3
Date of Judgment: 17 April 1995
Petitioner: KAMLESHKUMAR ISHWARDAS PATEL ETC. ETC.
Disposal Nature: Appeals Allowed
Neutral Citation: 1995 INSC 262
Judgment Delivered by: Hon'ble Mr. Justice S.C. Agrawal
Respondent: UNION OF INDIA AND ORS. ETC. ETC.
Case Type: CRIMINAL APPEAL /764-65/1994
Order/Judgment: Judgment
1. Headnote

Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974-Sections 3 and 11.

Prevention of Illicit Traffic in Narcotics Drugs & Psychotropic Sub- stance Act, 1988-Sections 3 and 12 Detention Order Detenu's right to make representation To whom representation is to be made Who is em- powered to revoke the detention order.

Constitution of India, 1950-Article 22(4) and (5) Preventive Detention-Nature and scope of rights of Detenue.

The common question arising for consideration in the appeals was when an order for preventive detention is passed by an officer especially empowered to do so by the Central Government or the State Government, whether the said officer is required to consider the representation submitted by the detenue.

Answering the question in affirmative; allowing the appeals on behalf of the Detenues and dismissing the appeals of the Union of India, this Court.

2. Case referred
3. Act
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4. Keyword
  • Conservation of Foreign Exchange and Prevention of Smuggling Activities Act 1974-Sections 3 and 11