Niyam v2 is live — start for just ₹100 — 200 credits to try

november 2005

Supreme Court of India · 2005-11-16

K.S. NAGAMUTHU vs STATE OF TAMIL NADU .

Citation / case number
SC 2004/18552
Court
Supreme Court of India
Petitioner
K.S. NAGAMUTHU
Respondent
STATE OF TAMIL NADU .
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 regarding a voluntary statement made to Customs officials. The Court found that the detaining authority failed to consider this crucial document, which was received by the Customs on January 7, 2004, prior to the detention order on January 9, 2004. Consequently, the Court quashed the detention order, emphasizing the necessity of fair procedure in detention matters.

K.S. NAGAMUTHU vs STATE OF TAMIL NADU . · Niyam