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february 2007

Supreme Court of India · 2007-02-26

Alpesh Navinchandra Shah vs State of Maharashtra & Ors

Citation / case number
SC 2006/90253
Court
Supreme Court of India
Petitioner
Alpesh Navinchandra Shah
Respondent
State of Maharashtra & Ors
Author
AR. Lakshmanan
Bench
ALTAMAS KABIR DR. AR. LAKSHMANAN

Judgment text excerpt

The Supreme Court ruled that the detention order under Section 3(1) of the COFEPOSA Act, 1974, issued against the petitioner was invalid due to the lack of sufficient grounds for detention, as the circumstances surrounding the case did not justify such action. The Court emphasized the necessity of clear and compelling evidence to support preventive detention, particularly when similar proceedings were ongoing in the Settlement Commission. Consequently, the Court quashed the detention order, reinforcing the principles of personal liberty under Article 21 of the Constitution.

Alpesh Navinchandra Shah vs State of Maharashtra & Ors · Niyam