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december 2010

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.

Moulana Shamshunnisa & Etc vs Additional Chief Sec.& Ors · Niyam