Subhash Popatlal Dave vs Union Of India & Anr

The Supreme Court held that a detention order under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA Act) can be challenged at the pre-execution stage on grounds beyond the five exceptions established in Addl. Secretary, Govt. of India vs. Alka Subhash Gadia [(1992) Supp. (1) SCC 496]. The Court emphasized that the right to freedom is paramount and that the law must evolve to accommodate new grounds of challenge, such as the absence of a live link and the impact of Settlement Proceedings under the Customs Act, 1962. Consequently, the Court allowed the transfer petitions and directed that challenges to detention orders be considered on their individual merits.