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.