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november 2009

Supreme Court of India · 2009-11-13

Gimik Piotr vs State Of T.Nadu & Ors

Court
Supreme Court of India
Petitioner
Gimik Piotr
Respondent
State Of T.Nadu & Ors
Author
H.L. Dattu
Bench
H.L. Dattu, Dalveer Bhandari

Judgment text excerpt

The Supreme Court set aside the Madras High Court's dismissal of the habeas corpus petition, holding that the detention order under Section 3(1)(i) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) was invalid. The Court found that the detention was based on a solitary incident without any evidence of past prejudicial activities or potential for future smuggling, thus constituting non-application of mind by the detaining authority. The Court ordered the immediate release of the detenu, emphasizing the need for a valid basis for preventive detention.

Gimik Piotr vs State Of T.Nadu & Ors · Niyam