ADISHWAR JAIN vs UNION OF INDIA

The Supreme Court addressed the legality of the detention order under Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA). The Court held that the unexplained delay in passing the detention order was a significant factor, along with the non-supply of vital documents and lack of application of mind by the detaining authority. The appeal was allowed, but the appellant had already been released from custody, and the proceedings under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (SAFEMA) were still pending against him.