1989 (5) TMI 170

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....der Article 136 of the Constitution arises out of proceedings for preventive detention taken under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, One of the substantial points which arises in these cases is whether the period of detention is a fixed period running from the date specified in the detention order and ending with the expiry of that period or the....

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....pted by an erroneous judgement of a High Court and the detenu is set free. Those cases are State of Gujarat v. Adam Kasam Bhaya - (1982) 1 S.C.R. 740, State of Gujarat v. Ismail Juma & Ors. - (1982) 1 S.C.R. 1014, Smt. Poonam Lata v. M.L. Wadhawan and Others - AIR 1987 SC 1383 = 1987 (30) E.L.T. 3 (SC) and Pushpadevi M. Jatia v. M.L. Wudhavan - A.I.R. 1987 SC 1748 - 1987 (30) E.L.T. 13 (SC). We fi....

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....d be the period for which the detenue should be detained, that is to say, the period during which he should be denied his liberty in order to prevent him from engaging in mischief. It seems to us prima facie that one possible view can be that if parole is granted the period of parole should be counted within the total period of detention and not outside it. As regards the problem raised by the rel....