UNION OF INDIA vs CHAYA GHOSHAL

The Supreme Court upheld the detention order under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA), affirming that the detaining authority acted within its powers despite the detenu's claims of delay and lack of ongoing illegal activities post-bail. The Court emphasized that the grounds for detention were based on substantial evidence of mis-declaration and over-invoicing in export activities, which warranted preventive detention to curb further illegal actions. The judgment confirmed the legality of the detention order, dismissing the challenge brought forth by the detenu's wife under Article 226 of the Constitution.