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january 2004

Supreme Court of India · 2004-01-23

Union Of India & Anr vs Sneha Khemka & Anr

Citation / case number
AIR 2004 SUPREME COURT 2938
Court
Supreme Court of India
Petitioner
Union Of India & Anr
Respondent
Sneha Khemka & Anr
Author
S.B. Sinha
Bench
Doraiswamy Raju, S.B. Sinha

Judgment text excerpt

The Supreme Court ruled that under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (COFEPOSA), the detenu's representations must be considered by the authorities, including the Central Government. The Court held that failure to place the first representation before the Central Government and the lack of independent consideration of subsequent representations rendered the detention order invalid. Consequently, the Court upheld the Calcutta High Court's decision to quash the detention order.

Union Of India & Anr vs Sneha Khemka & Anr · Niyam