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Constitutional courts can release detenu despite rigor of Drug Prevention Act 1988: Jammu & Kashmir High Court

The High Court allowed the plea while relying on the Supreme Court’s ruling in Sunil Fulchand Shah v. Union and Ors.

In Sunil Fulchand Shah’s case, the top court had observed that a Constitutional court would not be barred from exercising its jurisdiction under Article 226 in the interest of justice to order the temporary release of a person in preventive detention under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA Act).

Source: Barandbench

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