Supreme Court of India · 2007-04-11
MUKESH TIKAJI BORA vs UNION OF INDIA .
- Citation / case number
- SC 2006/19529
- Court
- Supreme Court of India
- Petitioner
- MUKESH TIKAJI BORA
- Respondent
- UNION OF INDIA .
- Author
- ARIJIT PASAYAT
- Bench
- ARIJIT PASAYAT & S.H. KAPADIA
Judgment text excerpt
The Supreme Court upheld the detention order under Section 3(1) of the Conservation of Foreign Exchange & Prevention of Smuggling Activities Act, 1974 (COFEPOSA), affirming the Bombay High Court's dismissal of the Habeas Corpus Petition. The Court ruled that exoneration in adjudication proceedings does not invalidate a detention order, and the detaining authority's consideration of the detenu's retracted confession was deemed sufficient. The appeal was dismissed, confirming the legality of the detention despite the arguments regarding the supply of documents and the retraction of the confession.