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Headnote |
Judgement |
| CONSERVATION OF FOREIGN EXCHANGE AND PREVENTION OF SMUGGLING ACTIVITIES (COFEPOSA) ACT, 1974 |
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| CONSERVATION OF FOREIGN EXCHANGE AND PREVENTION OF SMUGGLING ACTIVITIES (COFEPOSA) ACT, 1974 |
COFEPOSA Act — Ss 3(1), 8, 8(a), 8(b), 8(c) & 8(f) — Opinion of Advisory Board —Advisory Board found that there was no sufficient cause for the continued detention of the detenu — challenge by Union of India — Appeal dismissed. (Para 15 & 19) |
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| CONSERVATION OF FOREIGN EXCHANGE AND PREVENTION OF SMUGGLING ACTIVITIES (COFEPOSA) ACT, 1974 |
COFEPOSA Act — Ss 3(1), 8, 8(a), 8(b), 8(c) & 8(f) — Report & opinion of Advisory Board — Nature of — The nature of opinion given by the Advisory Board is neither judicial nor quasi judicial— it would be erroneous & unsafe to treat the opinion expressed by the Advisory Board as amounting to a judgment of a criminal court— the Advisory Board does not try the question about the propriety or validity of the citizen's detention as a court of law would, but, its function is limited— the opinion is merely intended to assist the government & it is binding on the appropriate government only if it favours the detenu & not when it goes against him— opinion of the Advisory Board cannot be subject matter of review or scrutiny by the judicial courts/tribunals— the Advisory Board opinion is never intended to be open to challenge on the merits before any tribunal. (Para 15) |
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| CONSERVATION OF FOREIGN EXCHANGE AND PREVENTION OF SMUGGLING ACTIVITIES (COFEPOSA) ACT, 1974 |
COFEPOSA Act — S 8(b) — Report & opinion of Advisory Board — Nature of — The report of the Advisory Board, excepting its opinion, is strictly confidential. (Para 19) |
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