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january 2024

Supreme Court of India · 2024-01-04

SARFARAZ ALAM vs UNION OF INDIA

Citation / case number
SC 2023/41809
Court
Supreme Court of India
Petitioner
SARFARAZ ALAM
Respondent
UNION OF INDIA
Author
M. M. Sundresh
Bench
HON'BLE MR. JUSTICE S.V.N. BHATTI HON'BLE MR. JUSTICE 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 accept the grounds of detention was validly documented through a panchnama. The Court emphasized that the detenue was adequately informed of his rights under Article 22(5) of the Constitution of India, 1950, and that the procedural safeguards were followed. The appeal was dismissed, affirming the High Court's decision to uphold the detention order.

SARFARAZ ALAM vs UNION OF INDIA · Niyam