Supreme Court of India · 2015-12-10
Bipinchandra Gamanlal Chokshi & Ors vs State Of Gujarat & Ors
- Citation / case number
- AIR 2016 SC 267
- Court
- Supreme Court of India
- Petitioner
- Bipinchandra Gamanlal Chokshi & Ors
- Respondent
- State Of Gujarat & Ors
- Author
- Jagdish Singh Khehar
- Bench
- Rohinton Fali Nariman, Jagdish Singh Khehar
Judgment text excerpt
The Supreme Court examined the validity of the detention order under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA Act). The Court emphasized that the procedural safeguards under Article 22 of the Constitution, particularly the requirement for timely communication of grounds for detention and the role of Advisory Boards under Section 8, must be strictly adhered to. The Court held that failure to comply with these provisions renders the detention order illegal, leading to the quashing of the order in this case.