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november 2005

Supreme Court of India · 2005-11-16

K.S.Nagamuthu vs State Of Tamil Nadu & Ors

Citation / case number
AIR 2006 SUPREME COURT 374
Court
Supreme Court of India
Petitioner
K.S.Nagamuthu
Respondent
State Of Tamil Nadu & Ors
Bench
B.P.Singh, R.V.Raveendran

Judgment text excerpt

The Supreme Court held that the detaining authority under Section 3(1)(i) of the Conservation of Foreign Exchange & Prevention of Smuggling Activities Act, 1974 (COFEPOSA) must consider all relevant documents, including a retraction letter from the appellant. The Court found that the failure to consider the retraction letter, which was sent to the Superintendent of Customs and acknowledged, constituted a violation of the appellant's rights. Consequently, the detention order was quashed, and the appeal was allowed.

K.S.Nagamuthu vs State Of Tamil Nadu & Ors · Niyam