Supreme Court of India
Nirmal Kumar Khandelwal v. Union of India and Ors.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
What the Court ordered
We hold that since no order of confirmation of the detention was made under clause (f) of Section 8 within three months of the date of detention by the appropriate Government, further detention of the petitioner after the expiry of that period is without the authority of law.
Judgment, page 6
From the headnote
Conserration of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 8, clause (f)-No order confirming the detention passed by the appropriate Governnient within three months of the commencement of the detention-JVhether violates Art, 22(4) of the Constitution. The petitioner was detained with effect from October 24, 1977 by an order JXtssed by the Secretary to the Government of Maharashtra under Section 3(1) of COFEPOSA. The Advisory Board reported on 23-12-77 that there was sufficent cause for the detention but the Government did not pass any order confirming the
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