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november 2001

Supreme Court of India · 2001-11-05

Gurdev Singh vs Union Of India & Ors

Citation / case number
AIR 2002 SUPREME COURT 10
Court
Supreme Court of India
Petitioner
Gurdev Singh
Respondent
Union Of India & Ors
Author
D.P.Mohapatra
Bench
D.P. Mohapatra, Shivaraj V. Patil

Judgment text excerpt

The Supreme Court addressed the legality of a detention order under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA Act). The Court held that even if the detenu has completed the period of detention, the legality of the detention order can still be challenged to prevent future actions based on it. The appeal against the Delhi High Court's dismissal of the writ petition was thus considered valid, emphasizing the importance of judicial review in detention matters under Article 22 of the Constitution.

Gurdev Singh vs Union Of India & Ors · Niyam