Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Conservation of Foreign Exchange and Prevention of Smuggling Activities Act 197 4 Smuggling of red sanders in India and abroad Preventive Detention COFEPOSA |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Preventive Detention - Smuggling of red sanders in India and abroad -Detention order passed under COFEPOSA - Challenged on ground that there was inordinate delay in passing the order which itself vitiated the same - Held: There has to be live link between the prejudicial activity and the order of detention - In case of delay, that has to be satisfactorily explained - Delay in issuing the order of detention, if not satisfactorily explained, itself is a ground to quash the order of detention - On facts, it cannot be said that there was undue delay in passing the order of detention and that live nexus with the prejudicial activity had snapped - Order of detention not fit to be quashed on the ground of delay in passing the same - Further, on facts, order of detention also could not be said to have been vitiated on ground of delayed execution - Omission by the detaining authority to consider bail order passed by the trial court not crucial and, in no way affected its subjective satisfaction - No error in the order of detention and the order passed by the High Court, refusing to quash the same - Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 |
Judge | Hon'ble Mr. Justice C.K. Prasad |
Neutral Citation | 2014 INSC 274 |
Petitioner | Licil Antony |
Respondent | State Of Kerala&anr. |
SCR | [2014] 14 S.C.R. 317 |
Judgement Date | 2014-04-15 |
Case Number | 872 |
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