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.