2013 (8) TMI 1070

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....ka Sarkar, Mr Prashant Srivastava, Advs.For The Petitioner. Mr Pavan Narang, 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 w....

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.... the detenu, where request of the detenu to be released on parole for a specified 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....