SMT. AZRA FATIMA versus UNION OF INDIA AND OTHERS

SMT. AZRA FATIMA versus UNION OF INDIA AND OTHERS

Preventive detention under NDPS Act is valid even when the detenu is already in custody if the detaining authority is aware of the custody, considers the antecedents, and is satisfied of the likelihood of release on bail and potential for prejudicial activities; the delay in communication and consideration of representations is sufficiently explained, and provisions under Section 3(3) regarding communication periods do not apply to declarations under Section 10(1).

Parties
Petitioner: Smt. Azra Fatima; Respondents: Union of India and others
Jurisdiction
India
Judgment Date
12 July 1990
Procedural Posture
Special Leave Petition (criminal) / Decision on Special Leave Petition
Outcome
Petition dismissed
Legal Topics
Detention Under NDPS Act, Communication of Grounds of Detention, Delay in Representation, Detention of Persons Already in Custody
Criminal Law Preventive Detention Detention Under NDPS Act Communication of Grounds of Detention Delay in Representation Detention of Persons Already in Custody

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Parties

Smt. Azra Fatima

Petitioner

Union of India and others

Respondents

Procedural Posture

Special Leave Petition (criminal) / Decision on Special Leave Petition

Legal Issues

  1. 1 Whether preventive detention is valid when the detenu is already in judicial custody and the bail application has been rejected
  2. 2 Whether the detention order suffers from the same vice as that of co-accused whose detention orders were quashed
  3. 3 Whether delay in service of declaration under Section 10(1) of the Act invalidates detention

Ratio Decidendi

Preventive detention under NDPS Act is valid even when the detenu is already in custody if the detaining authority is aware of the custody, considers the antecedents, and is satisfied of the likelihood of release on bail and potential for prejudicial activities; the delay in communication and consideration of representations is sufficiently explained, and provisions under Section 3(3) regarding communication periods do not apply to declarations under Section 10(1).

Court Disposition

Petition dismissed

Orders

  • No interference with High Court order dismissing writ petition
  • Detention order upheld