Supreme Court of India · 2024-01-04
Sarfaraz Alam vs Union Of India
- Court
- Supreme Court of India
- Petitioner
- Sarfaraz Alam
- Respondent
- Union Of India
- Author
- M. M. Sundresh
- Bench
- Aravind Kumar, M. M. Sundresh
Judgment text excerpt
The Supreme Court upheld the detention order under Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA Act), affirming that the detenue's refusal to receive the grounds of detention was adequately documented through a panchnama. The Court emphasized the necessity of informing the detenue of his right to make a representation against the detention order as mandated by Article 22(5) of the Constitution of India, 1950. However, the Court found that the procedural requirements were met and the High Court's dismissal of the Writ Petition was justified, leading to the affirmation of the detention order.