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september 2000

Supreme Court of India · 2000-09-13

UNION OF INDIA vs ARVIND SHERGILL

Citation / case number
SC 1999/18564
Court
Supreme Court of India
Petitioner
UNION OF INDIA
Respondent
ARVIND SHERGILL
Author
RAJENDRA BABU
Bench
S. RAJENDRA BABU,J.,D.P. MOHAPATRA,J.

Judgment text excerpt

The Supreme Court addressed the validity of detention under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA Act). The Court held that the preventive detention must be justified by a clear indication of the individual's propensity to commit future offenses, and that a solitary incident does not warrant such drastic measures. The Court upheld the High Court's decision to not interfere with the detention order, emphasizing the need for substantive evidence of ongoing criminal activity before invoking preventive detention provisions.

UNION OF INDIA vs ARVIND SHERGILL · Niyam