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february 2004

Supreme Court of India · 2004-02-16

Union Of India (Uoi) vs Amrit Lal Manchanda And Anr.

Citation / case number
AIR2004SC1625
Court
Supreme Court of India
Petitioner
Union Of India (Uoi)
Respondent
Amrit Lal Manchanda And Anr.
Author
Arijit Pasayat
Bench
Doraiswamy Raju, Arijit Pasayat

Judgment text excerpt

The Supreme Court upheld the Punjab and Haryana High Court's decision to quash the detention order under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA), citing the lack of a live link for preventive detention due to the significant time gap between the order and its review. The Court clarified that the principles established in Sunil Fulchand Shah v. Union of India regarding the necessity of a live link for detention were applicable, and emphasized the importance of individual liberty. The Court allowed the detaining authority to reconsider the necessity of detention based on current circumstances.

Union Of India (Uoi) vs Amrit Lal Manchanda And Anr. · Niyam