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september 2004

Supreme Court of India · 2004-09-21

Madhu Garg vs Union Of India & Anr

Citation / case number
AIR 2004 SUPREME COURT 4847
Court
Supreme Court of India
Petitioner
Madhu Garg
Respondent
Union Of India & Anr
Author
S.B. Sinha
Bench
N. Santosh Hegde, S.B. Sinha

Judgment text excerpt

The Supreme Court held that detention under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA Act) cannot solely rely on a retracted self-inculpatory statement made under Section 108 of the Customs Act, especially when the detenu claimed the statement was made involuntarily and under duress. The Court emphasized the necessity of corroborative evidence to support detention orders, thereby ruling that the detention of Vinod Kumar Garg was unjustified. Consequently, the appeal was allowed, and the detention order was quashed.

Madhu Garg vs Union Of India & Anr · Niyam