2013 (8) TMI 1070

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..... Mr Anish Dhingra,For The Respondent. ORDER This matter was placed before this Bench because the petitioner had challenged the constitutional vires of Section 12(6) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as COFEPOSA ). The said challenge was made in the context of Article 226 of the Constitution of India on the g .....

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..... cified reason and/or for a specified period, has been, in the opinion of the Court, unjustifiably refused or where in the interest of justice such an order of temporary release is required to be made. That jurisdiction, however, has to be sparingly exercised by the Court and even when it is exercised, it is appropriate that the Court leave it to the administrative or jail authorities to prescribe .....

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