Section 6. Detention orders not to be invalid or inoperative on certain grounds
No detention order shall be invalid or inoperative merely by reason--
(a) that the person to be detained thereunder is outside the limits of the territorial jurisdiction of the Government or the officer making the order of detention, or
(b) that the place of detention of such person is outside the said limits.
Judgements applying section 6
Single Bench of the Appellate Tribunal under SAFEMA dismissed an appeal by a widow against forfeiture orders passed under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976.
This judgment addresses a writ petition challenging a detention order under the COFEPOSA Act at the pre-execution stage. The petitioner, a citizen of Nepal who has absconded since 2014, argued that the order should be quashed because it remained unexecuted for years and was not served at his address in Nepal.
Writ Petition (Criminal)OpenThe court dismissed a writ petition challenging preventive detention under the COFEPOSA Act. It held that detention is permissible against non-residents/foreigners. The use of scrutiny reports satisfies material supply requirements.
DismissedOpenThe Supreme Court held that a purchaser who bought property from a relative of a COFEPOSA detenu during pending forfeiture proceedings, in breach of a court undertaking, was not a bona fide purchaser.
DismissedOpen