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.