Supreme Court of India · 2010-12-15
Moulana Shamshunnisa & Etc vs Additional Chief Sec.& Ors
- Citation / case number
- AIR 2011 SUPREME COURT 1422
- Court
- Supreme Court of India
- Petitioner
- Moulana Shamshunnisa & Etc
- Respondent
- Additional Chief Sec.& Ors
- Author
- Harjit Singh Bedi
- Bench
- Chandramauli Kr. Prasad, Harjit Singh Bedi
Judgment text excerpt
The Supreme Court upheld the detention of Nazhar Ahmed under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA), affirming that the advisory board's report was submitted within the required timeframe as per Section 8(c) of COFEPOSA. The Court ruled that the apprehension of the detaining authority regarding the detenu's potential to continue smuggling activities, despite the seizure of his passport, was valid. Consequently, the appeals challenging the detention were dismissed, reinforcing the importance of procedural safeguards in preventive detention cases.