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november 2015

Supreme Court of India · 2015-11-20

CHOITH NANIKRAM HARCHANDANI vs STATE OF MAHARASHTRA .

Citation / case number
SC 2015/24680
Court
Supreme Court of India
Petitioner
CHOITH NANIKRAM HARCHANDANI
Respondent
STATE OF MAHARASHTRA .
Author
Abhay Manohar Sapre

Judgment text excerpt

The Supreme Court, while adjudicating a habeas corpus petition under Article 32, examined the legality of a preventive detention order issued under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA Act). The Court held that the denial of the petitioner's right to legal representation before the Advisory Board constituted a violation of the principles of natural justice, thus rendering the detention order invalid. Consequently, the Court quashed the detention order and directed the release of the petitioner.

CHOITH NANIKRAM HARCHANDANI vs STATE OF MAHARASHTRA . · Niyam