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august 2019

Supreme Court of India · 2019-08-21

Union Of India vs Nisar Pallathukadavil Aliyar

Citation / case number
AIRONLINE 2019 SC 884
Court
Supreme Court of India
Petitioner
Union Of India
Respondent
Nisar Pallathukadavil Aliyar
Author
Uday Umesh Lalit
Bench
R. Subhash Reddy, Uday Umesh Lalit

Judgment text excerpt

The Supreme Court dismissed the Special Leave Petition challenging the Advisory Board's opinion under Section 8(a) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA Act), which stated there was no sufficient cause for the continued detention of the respondent under Section 3(1) of the Act. The Court upheld its previous judgment dated 18.07.2019, which had set aside the High Court's order quashing the detention, and directed the immediate release of the detenu. The ruling reinforces the principle that detention must be justified by sufficient cause as per statutory requirements.

Union Of India vs Nisar Pallathukadavil Aliyar · Niyam