SMT. POONAM LATA vs M.L. WADHAWAN & ANR.

The Supreme Court held that the detention order under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) is valid even if the detenu was already in custody at the time of the order, provided the detaining authority was subjectively satisfied of the necessity for detention. The Court dismissed the writ petition, ruling that the counsel's failure to argue all points in the previous hearing precluded raising new allegations. The Court also found no prejudice to the detenu regarding the summons under Section 108 of the Customs Act, as it was not in existence at the time of detention.