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january 2024

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.

Sarfaraz Alam vs Union Of India · Niyam