Under the Prevention of Black-marketing and Maintenance of Supplies of Essential Commodities Act, 1980,…
Section 12(2) provides that where the Board reports no sufficient cause, the appropriate Government "shall revoke the detention order and cause the person concerned to be…
Choose your answer
Under the Prevention of Black-marketing and Maintenance of Supplies of Essential Commodities Act, 1980, which of the following best reflects the legal effect of an unfavorable Advisory Board report?
Answer and explanation
Correct answer C
Section 12(2) provides that where the Board reports no sufficient cause, the appropriate Government "shall revoke the detention order and cause the person concerned to be released forthwith". The report binds the Government, so detention cannot continue for any reason, and the Government has no power to confirm the order.