Supreme Court of India · 2006-03-10
Rajinder Arora vs Union Of India And Ors
- Citation / case number
- AIR 2006 SUPREME COURT 1719
- Court
- Supreme Court of India
- Petitioner
- Rajinder Arora
- Respondent
- Union Of India And Ors
- Author
- S.B. Sinha
- Bench
- S.B. Sinha, P.K. Balasubramanyan
Judgment text excerpt
The Supreme Court held that the detention of the Appellant under the COFEPOSA Act was invalid due to the failure of the Directorate of Revenue Intelligence (DRI) to file a complaint within the statutory period of 60 days as mandated by Section 167(2) of the Code of Criminal Procedure. The Court emphasized that the confession made under duress and coercion, as per Section 24 of the Evidence Act, cannot be relied upon. The appeal was allowed, and the order of detention was quashed.