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july 1992

Supreme Court of India · 1992-07-21

STATE OF T.N. vs P.K. SHAMSUDEEN

Citation / case number
SC 1992/86308
Court
Supreme Court of India
Petitioner
STATE OF T.N.
Respondent
P.K. SHAMSUDEEN
Author
BHARUCHA S.P.
Bench
BHARUCHA S.P.

Judgment text excerpt

The Supreme Court held that the High Court of Madras erred in issuing a writ of mandamus against the execution of a detention order under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA). The Court emphasized that the detenu was aware of the delay in challenging the detention order and failed to raise the issue in the earlier writ petition filed in Calcutta. The appeal was allowed, and the High Court's order was set aside, reinforcing the principle that delay in execution does not automatically invalidate a detention order.

STATE OF T.N. vs P.K. SHAMSUDEEN · Niyam