Niyam v2 is live — start for just ₹100 — 200 credits to try

december 2015

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.

Bipinchandra Gamanlal Chokshi & Ors vs State Of Gujarat & Ors · Niyam