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august 2006

Supreme Court of India · 2006-08-18

Vinod K. Chawla vs Union Of India & Ors

Citation / case number
AIR 2006 SUPREME COURT 2864
Court
Supreme Court of India
Petitioner
Vinod K. Chawla
Respondent
Union Of India & Ors
Author
G. P. Mathur
Bench
K.G. Balakrishnan, G.P. Mathur

Judgment text excerpt

The Supreme Court held that the detention order under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) was illegal due to the suppression of a vital document, specifically the retraction of a statement made by the appellant's son, which was not presented to the detaining authority. The Court emphasized that the failure to disclose such material facts undermines the validity of the detention order. Consequently, the appeal was allowed, and the detention order was quashed.

Vinod K. Chawla vs Union Of India & Ors · Niyam