VidhiSangh

Supreme Court of India · 18/07/2019

UNION OF INDIA 2. JOINT SECRETARY (COFEPOSA), GOVT. OF INDIA, MINISTRY OF FINANCE versus DIMPLE HAPPY DHAKAD

[2019] 8 S.C.R. 1153 · 2019 INSC 777

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Summary

Preventive-detention orders concerning an alleged organised gold-smuggling syndicate were restored. Voluminous relied-on documents supplied within five days satisfied the statutory communication requirement despite being served after the detention grounds. The Court also found the necessary subjective satisfaction on the record concerning persons already in custody; absence of an express formula about likely bail release did not alone establish non-application of mind. Judicial review remained available within its recognised limits.

Issues

  1. Whether service of relied-on documents within five days, after service of detention grounds, invalidated detention.
  2. Whether the custody-related satisfaction was defective because likely release on bail was not expressly stated.

Provisions considered

Held

Result

Union of India’s appeals allowed; High Court judgment quashing the two detention orders set aside. Detenues’ appeals concerning the stay of that judgment dismissed.

Judgment PDF: Supreme Court of India, [2019] 8 S.C.R. 1153.