Home Case Index All Cases FEMA FEMA + SC FEMA - 1984 (2) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
1984 (2) TMI 316 - SC - FEMAWhether order of detention is illegal, null and void ab initio and inoperative and be quashed? Held that:- Non- application of mind of the Detaining Authority to the material placed before him before he passed the impugned order of detention dated 19.12.1974 and the failure of the appellant to supply copies of the documents clearly and unmistakably relied upon for arriving at the subjective satisfaction that the respondent's detention under COFEPOSA is necessary and referred to in the grounds of detention served upon him for holding that the order of detention passed under s. 3(1) and declaration made under s. 5(1) of COFEPOSA is void ab initio and that the action taken under s, 6(1) and s. 7 of SAFEMA pursuant to that order of detention is liable to be struck down while holding that the petition under Art. 226 of the Constitution and s. 482 of the Code of Criminal Procedure is maintainable and that the effect of the order of detention dated 19.12.1974 could not said to be no longer in force after the respondent had been released from detention on 23.3.1977 inasmuch as action under s. 6(1) and s. 7 of SAFEMA has been taken only pursuant to that order of detention
|