Supreme Court of India · 2006-11-02
Usha Agarwal vs Union Of India & Ors
- Court
- Supreme Court of India
- Petitioner
- Usha Agarwal
- Respondent
- Union Of India & Ors
- Author
- R.V. Raveendran
- Bench
- S. H. Kapadia, R. V. Raveendran
Judgment text excerpt
The Supreme Court upheld the preventive detention of Sandip Agarwal under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA Act), affirming that his actions constituted smuggling by diverting duty-free imported goods into the domestic market without fulfilling export obligations. The Court emphasized that the detaining authority's assessment of the detenu's propensity to engage in illegal activities justified the detention to prevent future offenses. The Court dismissed the habeas corpus petition, thereby affirming the legality of the detention order.