Home Case Index All Cases FEMA FEMA + SC FEMA - 1986 (2) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
1986 (2) TMI 334 - SC - FEMAWhether it was necessary to detain the appellant under the COFEPOSA? Held that:- No one can dispute the right of the detaining authority to make an order of detention if on a consideration of the relevant material, the detaining authority came to the conclusion that it was necessary to detain the appellant. But the question was whether the detaining authority applied its mind to relevant considerations. If it did not, the appellant would be entitled to be released. The counters to which we have referred seem to us to make it clear that relevant material was not placed before the detaining authority and therefore, there was no occasion for the detaining authority to apply its mind to the relevant material. In the circumstances, the appellant is entitled to be released. The appeal is allowed and the appellant is directed to be set at liberty forthwith.
|