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september 2000

Supreme Court of India · 2000-09-13

Union Of India & Ors vs Arvind Shergill & Anr

Citation / case number
AIR 2000 SUPREME COURT 2924
Court
Supreme Court of India
Petitioner
Union Of India & Ors
Respondent
Arvind Shergill & Anr
Bench
S. Rajendra Babu, D.P. Mohapatra

Judgment text excerpt

The Supreme Court examined the detention order under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA Act) concerning Harinder Pal Singh Shergill, who was detained to prevent future smuggling activities. The Court held that the High Court's decision to not interfere with the detention was flawed, as the grounds for detention lacked sufficient justification given that the alleged offense was a solitary incident. The Court emphasized that preventive detention should not be invoked without clear evidence of a propensity to commit future offenses, leading to the quashing of the detention order.

Union Of India & Ors vs Arvind Shergill & Anr · Niyam