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.