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december 2004

Supreme Court of India · 2004-12-13

Union Of India & Anr vs Shrimati Chaya Ghoshal & Anr

Citation / case number
AIR 2005 SUPREME COURT 428
Court
Supreme Court of India
Petitioner
Union Of India & Anr
Respondent
Shrimati Chaya Ghoshal & Anr
Author
Arijit Pasayat
Bench
Arijit Pasayat, S.H. Kapadia

Judgment text excerpt

The Supreme Court upheld the detention order under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA), affirming the legality of the detention despite the detenu's claims of delay and lack of ongoing illegal activities. The Court emphasized that the detaining authority's satisfaction regarding the necessity of detention is paramount, and the grounds for detention were sufficiently substantiated by evidence of mis-declaration and over-invoicing in exports. The judgment of the Calcutta High Court quashing the detention was therefore set aside.

Union Of India & Anr vs Shrimati Chaya Ghoshal & Anr · Niyam