Supreme Court of India · 2006-08-18
Vinod K. Chawla vs Union Of India & Ors
- Citation / case number
- AIR 2006 SUPREME COURT 2864
- Court
- Supreme Court of India
- Petitioner
- Vinod K. Chawla
- Respondent
- Union Of India & Ors
- Author
- G. P. Mathur
- Bench
- K.G. Balakrishnan, G.P. Mathur
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) was illegal due to the suppression of a vital document, specifically the retraction of a statement made by the appellant's son, which was not presented to the detaining authority. The Court emphasized that the failure to disclose such material facts undermines the validity of the detention order. Consequently, the appeal was allowed, and the detention order was quashed.