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Showing 561 to 580 of 594 Records

  • 1981 (8) TMI 216

    Whether the detention is to be continued beyond a period of three months or not? - Whether there was unreasonable delay on the part of the State Government in considering the representation of the detenu? - Held that - The only inhibition on the detaining authority is that it cannot lawfully continue the detention for a period longer than three months unless the Advisory Board has, before the expiration of the period of three months, reported tha....... + More

  • 1981 (6) TMI 131

    ... ...
    ... ... the detention. We accordingly quash the order of detention of the State Government, dated" 31st January, 1981 under section 3(1) of the COFEPOSA Act and direct the respondents herein to set the petitioner at liberty. Order of detention quashed.

  • 1981 (5) TMI 115

    Legality of the detention of Jahaubar Moulana under the provisions of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 - Held that - Reading of the entire counter affidavit makes it clear that in the opinion of the detaining authority, prosecution or no prosecution, the only effective way of preventing Jahaubar Moulana from engaging himself in objectionable activities was to detain him. Appeal dismissed........ + More

  • 1981 (3) TMI 255

    ... ...
    ... ... municated to the detenu. This not having been done in the present case we have no option but to declare the detention unconstitutional. We order accordingly, allow the appeal and direct that the appellant be set at liberty forthwith. Appeal allowed.

  • 1981 (1) TMI 273

    Right of a detenu under COFEPOSA Act - interview with a lawyer and the members of his family - preventive detention and punitive detention right to life in detention. ....... + More

  • 1981 (1) TMI 251

    Whether or not the documents demanded by the detenu were relevant was decided not by the Minister who was the detaining authority but by the Secretary? - Held that - it is absolutely clear to us that whether the documents concerned are referred to, relied upon or taken into consideration by the detaining authority they have to be supplied to the detenu as part of the grounds so as to enable the detenu to make an effective representation immediate....... + More

  • 1980 (12) TMI 182

    Whether detention of the detenu was illegal? - Held that - The materials and documents which were not supplied to the detenu were evidently a part of those materials which had influenced the mind of the detaining authority in passing the order of detention. They were a part of the basic facts and materials, and therefore, should have been supplied to the detenu ordinarily within five days of the order of detention, and, for exceptional reasons to....... + More

  • 1980 (11) TMI 152

    ... ...
    ... ... case, therefore, falls within the four corners of the ratio laid down by the cases referred to above and his detention must be held to be without jurisdiction. The petition is therefore allowed and the petitioner is directed to be released forthwith.

  • 1980 (10) TMI 199

    Release of the three detenus whose detention under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 challenged - Held that - We have no doubt that the communication dated July 27, 1980 was a representation which was in law required to be considered by the detaining authority. Quite obviously, the obligation imposed on the detaining authority, by Art. 22(5) of the Constitution, to afford to the detenu the earli....... + More

  • 1980 (9) TMI 279

    whether it is under the Preventive Detention Act or the Maintenance of Internal Security Act or the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act or any other law providing for preventive detention? - Held that - The community has a vital interest in the proper enforcement of its laws, particularly in an area such as conservation of foreign exchange and prevention of smuggling activities in dealing effectively with p....... + More

  • 1980 (9) TMI 271

    Whether the petitioner who has been detained in pursuance of an order dated the 29th May 1980 issued by the Government of Maharashtra in exercise of the powers conferred on it by clause (a) of section 5 of the Conversion of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 shall be immediately released from custody which, according to him, is illegal? - Held that - It is now settled law that the detaining authority is bound to giv....... + More

  • 1980 (9) TMI 270

    Whether there was any breach of the requirements of Article 22 clause (5) of the Constitution and Section 3, sub-section (3) of the COFEPOSA Act, for that is the breach which is claimed by the petitioner as invalidating the continued detention of the detenue? - Held that - The time of 12 days taken up by the Assistant Collector of Customs was therefore unreasonably long for which no explanation at all was forthcoming from the detaining authority........ + More

  • 1980 (6) TMI 115

    Whether the grounds of detention were couched in English, a language which the detenu did not understand at all and these grounds were not explained to him? - Held that - The service of the ground of detention on the detenu is a very precious constitutional right and where the grounds are couched in a language which is not known to the detenu, unless the contents of the grounds are fully explained and translated to the detenu, it will tantamount ....... + More

  • 1980 (2) TMI 257

    Whether the representation requesting the Central Government to order the revocation under S. 11 of the Act was not forwarded by the detaining authority to the Central Government and as such the detention is illegal? - Held that - It is clear that a representation properly addressed by the detenu to the Central Government was not forwarded to the Central Government and as such no action had been taken up to date. - As to what will be the conseque....... + More

  • 1980 (2) TMI 256

    Writ of Habeas Corpus for release of detentu - Held that - Taking into account the facts and circumstances of the case and explanation furnished by the detaining authority, we are of the view that the detaining authority failed to act with reasonable expedition in furnishing the statements and documents referred to in the grounds of detention. On the facts of the case, therefore, we are satisfied that the detention is not in accordance with the p....... + More

  • 1980 (2) TMI 255

    Whether the facts here disclose a disregard to the petitioner s constitutional right as claimed by his counsel in his second and third submissions? - Held that - There was no delay in furnishing of documents and no legitimate complaint could be made on that score. The detenu s representation was received by the detaining authority on December 26, 1979. Without any loss of time copy of the representation was sent to the Customs authorities for the....... + More

  • 1979 (5) TMI 146

    Validity of an order of detention challenged - Held that - It is amply clear from the record that the representation of the petitioner was not considered by the 1st respondent before he confirmed the order of detention. The 1st respondent thus failed to comply with the constitutional obligation imposed upon him under clause (5) of E Art. 22. The subsequent consideration and rejection of the representation could not cure the invalidity of the orde....... + More

  • 1978 (12) TMI 182

    Detention orders - Held that - Appeal dismissed. If the detenu wanted any more particulars such as the name of the intelligence officer or other information, he could have well asked for the particulars before making his representation. That he never did. It was not as if any privilege had been claimed by the Government in respect of the intelligence reports. In fact, we find that the intelligence reports were produced before the learned Judges o....... + More

  • 1978 (11) TMI 153

    Smuggling of Cargo of contraband goods - detention orders - Held that - It is quite clear from the facts set out in the grounds of detention, that the appellant was the person who was actually engaged in the act of smuggling of the contraband stainless steel rolls into the Indian customs waters. It is, therefore, clear that for all intents and purposes the appellant was the actual smuggler and not a mere abettor. Furthermore, the activities of th....... + More

  • 1978 (11) TMI 150

    Detenu release orders - Held that - Appeal allowed. Questions whether the confessional statements recorded on December 13 and 14, 1977 were voluntary statements or were statements which were obtained from the detenu under duress or whether the subsequent retraction of those statements by the detenu on December 22, 1977 was in the nature of an after thought, were primarily for the detaining authority to consider before deciding to issue the impugn....... + More

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