MAVUNGAL PATHUMMA vs UNION OF INDIA .

The Supreme Court held that the detention order under Section 3 of the COFEPOSA Act was invalid as the representation made by the detenu on 4.2.97 was not considered before the declaration under Section 9(1) was made on 13.2.97. The Court emphasized that it was essential to consider the representation against the detention order prior to making the declaration. Consequently, the appeal was allowed, and the detention was deemed unlawful due to procedural lapses in considering the detenu's representation.