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.