SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2025 Supreme(SC) 459

SUDHANSHU DHULIA, K. VINOD CHANDRAN
Joyi Kitty Joseph – Appellant
Versus
Union of India – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Farook M. Razack, Sr. Adv. Mr. Faisal Farook, Adv. Mr. Shubail Farook, Adv. Mr. Kshitij Kumar, Adv. Mr. Sharad Kumar Puri, Adv. Mrs. Priya Puri, AOR
For the Respondent(s): Mr. Gurmeet Singh Makker, AOR

Judgement Key Points

Question 1? Question 2? Question 3?

Key Points: - Detaining authority's failure to assess efficacy of bail conditions while considering preventive detention constitutes invalid detention; order set aside. (!) (!) - Live link requirement: live connection between detention grounds and prior criminal proceedings (including bail) is essential; mere references to related offences or NDPS case do not sustain detention under COFEPOSA. (!) (!) - Preventive detention under COFEPOSA is a hard law requiring strict scrutiny of the material; if the detention rests on the same allegations as the criminal case and bail conditions were already imposed, the detention order can be interfered with and set aside. (!) [p_p_18]

Question 1?

Question 2?

Question 3?


JUDGMENT :

Leave granted.

2. The wife of the detenu; detained under the provisions of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 19741[“the COFEPOSA Act”], is before us challenging the order of detention. There is no challenge to the procedural aspects which have been scrupulously complied with. The High Court, before whom the detention order and its subsequent confirmation have been assailed rejected the contentions; which decision is impugned in the above appeal. The detention order, impugned before the High Court, is produced as Annexure P-1.

3. We have heard Mr. Farook M. Razack, learned Senior Counsel for appellant and Mr. Vikramjit Banerjee, learned Additional Solicitor General for India for the respondents.

4. Essentially, three grounds are raised before us to secure the release of the detenu who is behind bars for almost a year, the arrest being on 05.03.2024. That there is clear non- application of mind since the allegations are raised under clauses (i) to (iv) of Section 3(1) of the COFEPOSA Act, in an omnibus manner, clearly revealing the bias of the detaining officer. The attempt was to somehow obtain preventive detention of the person

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top