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.