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september 2004

Supreme Court of India · 2004-09-21

MADHU GARG vs UNION OF INDIA

Citation / case number
SC 2004/7985
Court
Supreme Court of India
Petitioner
MADHU GARG
Respondent
UNION OF INDIA
Author
S.B. SINHA N. SANTOSH HEGDE
Bench
S.B. SINHA N. SANTOSH HEGDE

Judgment text excerpt

The Supreme Court held that the detention order under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA Act) was invalid as it relied primarily on a self-inculpatory statement that was retracted and deemed involuntary. The Court emphasized that such statements cannot be the sole basis for detention, especially when there are indications of torture. The appeal against the High Court's dismissal of the writ petitions was allowed, leading to the quashing of the detention order.

MADHU GARG vs UNION OF INDIA · Niyam