SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1995 Supreme(Del) 5

VUENDER JAIN, VIJENDER JAIN
MUNNA LAL KHANDELWAL – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
B.BABBAR, M.D.TANEJA, Trilok Kumar

Vijender Jain,j.

( 1 ) THE detention order under Section 3 (1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter REFERRED TO to as COFEPOSA Act) was passed on 6th May, 1994. The said detention order was served upon the petitioner on 12th June, 1994 along with grounds of detention.

( 2 ) THE learned Counsel for the petitioner, Mr. Trilok Kumar urged various grounds in the writ petition such as inordinate delay in passing and in execution of the detention order, relevant material neither placed nor considered by the Detaining Authority thereby vitiating the subjective satisfaction of the Detaining Authority, non-supply of all relied upon documents parri-pasu grounds of detention amounting to infraction of Section 3 (3) of the COFEPOSA Act and Aritcle 22 (5) of the Constitution of India, all relied upon documents not supplied in the language known to the petitioner, supply of unintelligible relied upon documents and placing of reliance on irrelevant documents thereby showing non-application of mind.

( 3 ) MS. Barkha Babbar, leamed Counsel for the respondent has vehemently opposed the arguments of learned Counsel for the petitioner an









Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top