Supreme Court of India
T.A. Abdul Rahman v. State of Kerala and Ors.
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1 Supreme Court bench has cited this judgment.
What the Court ordered
We hold that the unexplained delay in disposal of the representation of the detenu is violative of _Article 22(5) of the Constitution of India, rendering the order of detention invalid. r· For all the above mentioned reasons, we allow this criminal appeal by setting aside the judgment of the High Court, quash the C ~ impugned order of detention and direct the detenu to set at liberty forthwith.
Judgment, page 13
From the headnote
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974-Section 3(J)(iii) & 3(J)(iv)-Detention order- Time lag between the passing of the detention order and the actual "T arrest-Whether affects the subjeciive satisfaction of the detaining authority-Legality of such detention order-Challenged. ~ c This appeal bas been filed by the brother of the detenu T . . Sirajudeen who was detained pursuant to an order of detention passed by the first respondent under Section 3(l)(iii) and 3(l)(iv) l'fthe Conser- vation of Foreign Exchange and Smuggling Activities Act, 1974 with
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Where later benches applied it
Of those, 1 relied on
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