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.