U.O.I. vs VIDYA BAAGARIA

The Supreme Court examined the legality of a detention order under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA Act), which was quashed by the Punjab and Haryana High Court. The Court held that the High Court failed to adequately address the maintainability of the writ petition filed before the detention order was served, emphasizing that the grounds for detention must be legally sustainable. The judgment reinforced the principle that a detenu or their representative can challenge a detention order even if it has not yet been executed, referencing the case of Additional Secretary to the Govt. of India v. Smt. Alka Subhash Gadia.