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february 2004

Supreme Court of India · 2004-02-16

Union Of India vs Amrit Lal Manchanda And Anr

Citation / case number
AIR 2004 SUPREME COURT 1625
Court
Supreme Court of India
Petitioner
Union Of India
Respondent
Amrit Lal Manchanda And Anr
Author
Arijit Pasayat
Bench
Doraiswamy Raju, Arijit Pasayat

Judgment text excerpt

The Supreme Court held that the Punjab and Haryana High Court's quashing of the detention order under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) was justified due to the significant time lapse between the detention order and the hearing of the writ petition. The Court emphasized the necessity of a live link for preventive detention, referencing the case of Sunil Fulchand Shah v. Union of India (2000 (3) SCC 409) and Union of India v. Muneesh Suneja (2001 (3) SCC 92). The Court upheld the High Court's decision while allowing the detaining authority to issue a fresh order if warranted by circumstances.

Union Of India vs Amrit Lal Manchanda And Anr · Niyam