Supreme Court of India

Ahamed Nassar v. State of Tamil Nadu and Ors.

Neutral citation

Reported as [1999] SUPP. 3 S.C.R. 657

Bench K.T. Thomas J.

Decided 14 October 1999

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.

6 Supreme Court benches have cited this judgment.

What the Court ordered

Accordingly, we quash the impugned detention order dated 28th April, 1999 passed by the detaining authority under Section 3(l)(i) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities, 1974.

Judgment, page 27

From the headnote

Criminal Law: Conservation of Foreign Exchange and Prevention of Smuggling Ac tivities" Act, 1974: Section 3: Preventive Detention-Appropriate authority-Representation before- Disposal of-Delay in-Sponsoring authority took two days' time in sending c his comments-'-Held : Delay not to be assessed on the yardstick of number of days-ln a given case even a few days' delay may be fatal while in another set of circumstances a longer delay may still be held to be for valid reasons-'-However, there should be no unexplained delay or delay through carelessness-ln the circumstances of the case, two

Authorities it was built on

1978 Ashadevi Wife of Gopal Ghermal Mehta (detenu) v. K. Shiveraj, Addl. Chief Secretary to the Government of Gujarat & Anr. cited by 13
1990 Dharmendra Suganchand Chelawat & Suganchand Kanhaiyyalal Chelawat v. Union of India and Others cited by 6
1988 Abdul Hamid Shamsi v. Abdul Majid and Others cited by 3

Where later benches applied it

2016 Union of India & Ors. v. Saleena referred to
2014 The Secretary to Government, Public (law and Order-f) and Another. v. Nabila and Another. referred to
2008 Deepak Bajaj v. State of Maharashtra & Anr mentioned
2006 Usha Agarwal v. Union of India and Ors. mentioned
2006 Adishwar Jain v. Union of India and Anr. mentioned
2000 A. Sowkath Ali v. Union of India and Ors. mentioned

Of those, 2 referred to · 4 mentioned

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