JOHNEY D' COUTO vs STATE OF TAMIL NADU

The Supreme Court held that the detenu was entitled to assistance from a friend during the Advisory Board proceedings under Section 3(1)(i) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA). The refusal of the Advisory Board to permit such assistance was deemed a denial of a fair hearing, vitiating the detention order. Consequently, the Court quashed the detention order and directed the immediate release of the detenu.