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FEMA - Highlights / Catch Notes

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Detention order - inordinate delay of thirty years in the ...


Detention order invalidated due to 30-year delay in execution under COFEPOSA Act, section 7(1)(b). No action taken.

October 5, 2023

Case Laws     FEMA     HC

Detention order - inordinate delay of thirty years in the execution of the detention order - In the facts of this case, no attempts had been made to contact or arrest the petitioner. There is no explanation forthcoming for not taking any action to trace the whereabouts of the petitioner, and also, after the gazette publication in the year 1995 under section 7(1)(b) of the COFEPOSA Act, there is no action taken to serve the detention order. - Detention order became invalid due to the passage of time. - HC

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