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february 2006

Supreme Court of India · 2006-02-24

Sunila Jain vs Union Of India & Anr

Citation / case number
2006 AIR SCW 1062
Court
Supreme Court of India
Petitioner
Sunila Jain
Respondent
Union Of India & Anr
Author
S.B. Sinha
Bench
S.B. Sinha, P.K. Balasubramanyan

Judgment text excerpt

The Supreme Court addressed whether a copy of the bail application must be considered when passing an order of preventive detention under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA). The Court held that the failure to provide a copy of the bail application does not vitiate the detention order, affirming the High Court's dismissal of the habeas corpus petition. The ruling clarified that the detaining authority's decision was valid despite the absence of the bail application in the records.

Sunila Jain vs Union Of India & Anr · Niyam