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august 2012

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.

SAEED ZAKIR HUSSAIN MALIK vs STATE OF MAHARASHTRA . · Niyam