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october 2006

Supreme Court of India · 2006-10-19

Adishwar Jain vs Union Of India & Anr

Citation / case number
2006 AIR SCW 5786
Court
Supreme Court of India
Petitioner
Adishwar Jain
Respondent
Union Of India & Anr
Author
S.B. Sinha
Bench
S.B. Sinha, Dalveer Bhandari

Judgment text excerpt

The Supreme Court addressed the legality of the detention of the appellant under Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA). The Court held that the unexplained delay in passing the detention order, along with the non-supply of vital documents to the detaining authority, constituted a violation of the appellant's rights. Consequently, the Court found the detention order invalid, leading to the release of the appellant, although the proceedings under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (SAFEMA) were still pending against him.

Adishwar Jain vs Union Of India & Anr · Niyam