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.