Supreme Court of India · 2012-08-09
SAEED ZAKIR HUSSAIN MALIK vs STATE OF MAHARASHTRA .
- Citation / case number
- SC 2008/26631
- Court
- Supreme Court of India
- Petitioner
- SAEED ZAKIR HUSSAIN MALIK
- Respondent
- STATE OF MAHARASHTRA .
- Author
- P.Sathasivam
- Bench
- RANJAN GOGOI P. SATHASIVAM
Judgment text excerpt
The Supreme Court held that the inordinate delay of 14.5 months in executing the detention order under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) rendered the detention invalid. The Court emphasized that the authorities must act promptly to ensure the effectiveness of detention orders, and failure to do so undermines the purpose of preventive detention. Consequently, the appeal was allowed, and the detention order was quashed.