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february 2004

Supreme Court of India · 2004-02-16

UNION OF INDIA vs AMRIT LAL MANCHANDA

Citation / case number
SC 2003/15110
Court
Supreme Court of India
Petitioner
UNION OF INDIA
Respondent
AMRIT LAL MANCHANDA
Author
ARIJIT PASAYAT
Bench
ARIJIT PASAYAT. DORAISWAMY RAJU

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 lapse of time between the order and the hearing of the writ petition, referencing the precedent in Sunil Fulchand Shah v. Union of India (2000 (3) SCC 409). The Court emphasized that a live link must exist for preventive detention to be valid, and allowed the detaining authority to reconsider the necessity of detention. The outcome affirmed the High Court's decision while permitting a fresh examination of the case by the authorities.

UNION OF INDIA vs AMRIT LAL MANCHANDA · Niyam