Niyam v2 is live — start for just ₹100 — 200 credits to try

november 2008

Supreme Court of India · 2008-11-12

Deepak Bajaj vs State Of Maharashtra & Anr

Citation / case number
AIR 2009 SUPREME COURT 628
Court
Supreme Court of India
Petitioner
Deepak Bajaj
Respondent
State Of Maharashtra & Anr
Author
Markandey Katju
Bench
Markandey Katju, Altamas Kabir

Judgment text excerpt

The Supreme Court addressed the challenge to a detention order under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, emphasizing that judicial review of such orders can occur even at the pre-execution stage. The Court reiterated that while it has the power to review detention orders under Articles 32 and 226 of the Constitution, it has historically exercised self-restraint, requiring individuals to first allow the law to operate and exhaust available remedies before seeking judicial intervention. The Court ultimately held that the legal position regarding pre-execution challenges to detention orders requires further clarification, thus leaving the door open for future cases.

Deepak Bajaj vs State Of Maharashtra & Anr · Niyam