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april 2007

Supreme Court of India · 2007-04-11

MUKESH TIKAJI BORA vs UNION OF INDIA .

Citation / case number
SC 2006/19529
Court
Supreme Court of India
Petitioner
MUKESH TIKAJI BORA
Respondent
UNION OF INDIA .
Author
ARIJIT PASAYAT
Bench
ARIJIT PASAYAT & S.H. KAPADIA

Judgment text excerpt

The Supreme Court upheld the detention order under Section 3(1) of the Conservation of Foreign Exchange & Prevention of Smuggling Activities Act, 1974 (COFEPOSA), affirming the Bombay High Court's dismissal of the Habeas Corpus Petition. The Court ruled that exoneration in adjudication proceedings does not invalidate a detention order, and the detaining authority's consideration of the detenu's retracted confession was deemed sufficient. The appeal was dismissed, confirming the legality of the detention despite the arguments regarding the supply of documents and the retraction of the confession.

MUKESH TIKAJI BORA vs UNION OF INDIA . · Niyam