Supreme Court of India
Gimikpiotr v. State of Tamil Nadu and Anr.
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1 Supreme Court bench has cited this judgment.
What the Court ordered
In view of the foregoing discussion, we, after having considered the submissions of the learned counsel on both sides, by our order dated 28.10.2009, had directed the release of the detenu and have now recorded the reasons therefor.
Judgment, page 17
From the headnote
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 - s. 3 (1)(i) - Detenu trying to -"+ smuggle foreign currency outside the country - Detention order uls. 3 (1)(i) - Passport also impounded- Challenge to - c Held: In matters of personal liberty, standard of proof needs to be high to justify order of preventive detention - Material provided by State not enough to justify curtailment of liberty o( appellant under order of preventive detention - Foreign currency cannot be smuggled as person cannot move out of the country on account of his passport being impounded
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