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.