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.