2025 SCC Vol. 4 Part 3
Court can consider any document with intrinsic worth having bearing on lis decided earlier
cofeposa
Supreme Court sets aside preventive detention order for ignoring bail conditions imposed by Magistrate for the same offence
Supreme Court noted that nothing is stated by the detaining authority as to why the conditions are not sufficient to prevent the detenu from engaging in further activities of smuggling; which was the specific ground on which the conditions were imposed while granting bail.
Delhi High Court directs Trial Court to return passport of accused under COFEPOSA and Customs Act by modifying bail condition
The Trial Court was directed to return the passport surrendered by the accused within 2 weeks of submission of application for the same.
‘Failure in furnishing documents & delay in deciding detenu’s representation violates Art. 22(5)’: SC quashes detention order under COFEPOSA
“In the matters pertaining to personal liberty of the citizens, the Authorities are enjoined with a constitutional obligation to decide the representation with utmost expedition. Each day’s delay matters in such a case.”
Failure and non-supply of legible/translated copies of documents despite a request renders the order of detention illegal and bad in law; Delhi High Court sets aside the COFEPOSA detention order
Detaining Authority gravely erred in relying upon the illegible documents which is equivalent to non-placement of translated-RUDs in a language which the detenu understands, which consequently vitiates the ‘subjective satisfaction’ arrived at by the Detaining Authority.
Written intimation of hearing just before commencement of video conference hearing by Advisory Board leads to SC quashing detention of man in a gold smuggling case
Supreme Court: In the case where the State Advisory Board had heard a detenu on video conference, without any sufficient prior intimation
Liberty of a detenu under COFEPOSA has to be subordinate to the good of the people: SC
Supreme Court: Stating that the subjective satisfaction of the detaining authority under COFEPOSA is not immune from judicial reviewability, the bench of
Rejection of one ground will not affect the detention order passed on multiple grounds under COFEPOSA
Supreme Court: In the matter relating to supply of the ‘grounds’ of detention to the detenue when the Court has passed the