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2019 (8) TMI 1111 - SC - Indian LawsScope and validity of opinion of the Advisory Board - Continued detention of detenue - Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 - nature of power exercised by the Advisory Board when an opinion is given by it pursuant to a reference made to it under Section 8(b) of the COFEPOSA Act - On 22.07.2019 the Advisory Board found that there was no sufficient cause for the continued detention of the respondent detenu and rendered its Opinion. HELD THAT:- It is well settled that wherever a body is exercising judicial/quasi judicial power and is a tribunal within the meaning of the expressions in Article 136 and 227 of the Constitution, the decisions so rendered are amenable to challenge. According to various decisions the nature of opinion given by the Advisory Board is neither judicial nor quasi judicial; that it would be erroneous and unsafe to treat the opinion expressed by the Advisory Board as amounting to a judgment of a criminal court; that 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 present petition seeking to challenge the Opinion dated 22.07.2019 of the Advisory Board as not maintainable. SLP dismissed.
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