BISWANATH BHATTACHARYAversusUNION OF INDIA & OTHERS
2014 INSC 4221 January 2014Dismissed
Biswanath Bhatiacharya, who had been detained under COFEPOSA in the 1970s, was served a notice under Section 6(1) of the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (SAFEMA) to explain the source of his wealth, and later a forfeiture order was passed under Section 7. He challenged the…
BIPINCHANDRA GAMANLAL CHOKSHI AND ANOTHERversusSTATE OF GUJARAT AND OTHERS
2015 INSC 91310 December 2015Appeal(s) allowed
The appellant, Bipinchandra Gamanlal Chokshi, was detained on 11 June 1976 under Section 3 of the COFEPOSA Act, with a simultaneous declaration under Section 12A during a national emergency. The declaration was revoked on 21 March 1977 when the emergency ended, and the appellant was released the same day. He later chal…
PRAMOD SINGLAversusUNION OF INDIA & ORS
2023 INSC 34410 April 2023Appeal(s) allowed
The appellant, Pramod Singla, was detained under the COFEPOSA Act for alleged involvement in a gold smuggling syndicate and filed representations to the detaining authority, the Central Government, and the Advisory Board. The Court examined whether there was a conflict between the Pankaj Kumar and Abdullah Kunhi judgme…
DROPTI DEVI & ANR.versusUNION OF INDIA & ORS.
2012 INSC 2592 July 2012Dismissed
The petitioners challenged the constitutional validity of Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA), which authorises preventive detention of persons whose activities are prejudicial to the conservation or augmentation of foreign exchange. They argu…