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.