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august 2012

Supreme Court of India · 2012-08-09

Saeed Zakir Hussain Malik vs State Of Maharashtra & Ors

Citation / case number
AIR 2012 SC( CRI) 1465
Court
Supreme Court of India
Petitioner
Saeed Zakir Hussain Malik
Respondent
State Of Maharashtra & Ors
Author
P.Sathasivam
Bench
P. Sathasivam, Ranjan Gogoi

Judgment text excerpt

The Supreme Court examined the legality of a detention order issued under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA). The Court held that an inordinate delay of 14 ½ months in executing the detention order, despite the detenu being traceable, rendered the detention invalid. The Court emphasized that the authorities must act promptly to ensure the validity of detention orders, leading to the conclusion that the detention was vitiated due to unreasonable delay.

Saeed Zakir Hussain Malik vs State Of Maharashtra & Ors · Niyam