A.SHOWKAT ALI vs UNION OF INDIA

The Supreme Court held that the detention order under Section 3(1)(i) and (ii) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) was invalid due to the suppression of vital documents by the sponsoring authority, specifically the retracted confessional statements of co-accused. The Court emphasized that the detaining authority must have all relevant documents to form subjective satisfaction, and the non-placement of such documents vitiates the detention order. Consequently, the Court quashed the detention order against the petitioner.