Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974

The husband of the appellant, Ramesh Nahar, was detained under Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 on 3 February 1997. The detention order was not executed until 23 April 1998, a delay of more than a year, with the respondents offering only a vague claim th…

Mohd. Shakeel Wahid Ahmed was detained under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 on 7 November 1981. An earlier detainee, Shamsi, had been released after the Advisory Board reported no sufficient cause for his detention. The High Court upheld Ahmed's detention on the ba…

M. Ahamedkuti was intercepted for smuggling gold and was granted bail on 12‑Feb‑1988. The Kerala Home Secretary later issued a detention order under COFEPOSA on 25‑Jun‑1988, which was executed on 2‑Aug‑1988. The appellant challenged the order on grounds of unexplained delays in passing and executing the order and, cruc…

The petitioners challenged the preventive detention of Kantilal Nagar Das Shah under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 after customs seized 141 slabs of palladium he had smuggled from Muscat. The wife argued that the detenu was denied legal representation before the A…

The petitioner T.P. Moideen Koya challenged a detention order issued under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, claiming it was illegal because he was already in custody and the order failed to consider that fact. The same issue had been raised earlier in a habeas corpu…

The petitioner was detained under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. He filed a representation on 27 September 1979, which the Government received on 28 September but rejected only on 3 November, creating a delay of over a month. The petitioner challen…

The Competent Authority initiated forfeiture proceedings under SAFEMA against Amritlal Chandmal Jain, whose detention under COFEPOSA had earlier been challenged by several writs of habeas corpus. Although the High Court had quashed the detention order and the SAFEMA proceedings, the Competent Authority later sought to …

Mohanlal Jatia was detained under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) on the basis of documents seized from his brother‑in‑law and statements recorded by R.C. Singh of the Enforcement Directorate. His wife, Pushpadevi Jatia, challenged the detention before th…

The petitioners, detained under Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA), challenged the order of detention issued by the Administrator of Goa, Daman & Diu, arguing that the Administrator could not act without the advice of the Council of Ministers an…

The case concerned the detention of Abdu Rahiman under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA). The detenu filed a representation against his detention, which was rejected by the competent authority; the rejection was communicated to him by an under‑secretary rat…

The respondent, Shakeel Ahmed, was detained on July 31, 1989 under Section 3(1)(iii) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. He challenged the detention, and the Allahabad High Court set aside the order on two grounds: a one‑month delay in disposing his representation a…

The Union of India appealed against the quashing of a detention order passed under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 against Ghamandiram Kewalji Gowani, who died during the pendency of the appeal. The appellant sought substitution of the deceased’s heirs, arguing that…

The appellant Safiya, wife of T.P. Moideen Koya, challenged his preventive detention under Section 3(1)(iv) of the COFEPOSA Act on grounds that the Advisory Board’s opinion revoking the detention of another accused in the same smuggling case was not considered, that there was an inordinate delay in disposing of his rep…

The appellant was caught on 12 November 1990 with two gold pellets without a permit and a detention order under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 was issued on 7 January 1991 but served only on 28 June 1991. The appellant challenged the order, arguing …

The appellant, Pooja Batra, filed a writ petition seeking the release of her husband, Deepak Kumar (Deepak Batra), who had been detained under Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA). The Detaining Authority based the detention on alleged mis‑declara…

Mrs. Frances Coralie Mullin, a British national, was detained on 23 November 1979 under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. She filed a writ petition under Article 32 alleging that her right to make a representation under Article 22(5) was violated because the represen…

Ashok Kumar was detained under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 on allegations of illegal foreign‑currency and gold transactions. The grounds of detention were served on 21 March 1987, but the material documents on which the Detaining Authority relied…

Madan Lal Anand and two others were detained under section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) on allegations that they used benami firms to obtain duty‑exempt advance licences, imported polyester yarn, failed to export the goods as required and sold …

The petitioners, Mangalbhai Motiram Patel, were detained under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 on the ground of alleged involvement in smuggling. The petitioner applied for copies of all documents, statements and writings relied upon in the detention…

The respondent, acting as Secretary (Preventive Detention), issued a detention order under section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 against the appellant for alleged gold smuggling. The appellant challenged the order at the pre‑execution stage, arguing that i…

The case arose from a writ petition challenging a detention order dated 10 May 1993 issued under Section 3(1) of the COFEPOSA Act. The Punjab and Haryana High Court held that the order had become infructuous due to the lapse of time and restrained the respondents from enforcing it, while also leaving open the possibili…

The Supreme Court examined three writ petitions challenging detentions under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. The petitioners argued that a communication dated July 27, 1980, sent by their counsel requesting the detainee’s release and copies of documents, was a "rep…

The appellant, D. Anuradha, challenged the preventive detention of her husband under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, alleging procedural violations. She contended that the reference to the COFEPOSA Advisory Board was made after the statutory five‑we…

Sunila Jain appealed against a preventive detention order issued under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (COFEPOSA) against her husband, D.K. Jain, who had been released on bail by the Special Court of Economic Offences on the ground that the alleged offence was bailable. T…

The appellant Vijay Kumar was detained under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) after the Directorate of Revenue Intelligence seized smuggled gold biscuits linked to him. He was already in custody on a charge under section 135 of the Customs Act when the det…

The respondent, Ismail Juma, was detained under section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 for alleged involvement in smuggling wrist‑watches worth about Rs 33 lakhs. The Gujarat High Court, exercising its writ jurisdiction under Article 226, quashed the detent…

The appellant, brother of T.A. Sirajudeen, challenged his sibling's preventive detention under sections 3(1)(iii) and 3(1)(iv) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA). The detenu had been caught with smuggled gold biscuits in November‑December 1986, but the de…

K. M. Chokshi was detained under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 and filed a writ of habeas corpus. The Gujarat High Court rejected his petition and certified a substantial question: whether a detaining authority must consider the possibility of a criminal prosecuti…

Diueet Singh was detained under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) after customs seized a large amount of foreign currency. The State Government sent a report under Section 3(2) to the Central Government, which was considered by the Joint Sec…

The petitioners were detained under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 after gold and cash were seized from their premises. They filed representations against their detention, but the Government considered these representations only after confirming the detention order…

The Directorate of Revenue Intelligence intercepted eight kilograms of foreign gold allegedly smuggled by the Jalan brothers, who were arrested and placed in judicial custody. While they remained in custody, the Detaining Authority under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1…

Mrs. Nutan J. Patel filed a writ petition challenging the detention of her husband, Jayantibhai Rambhai Patel, under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. The petition argued that the detenu was not informed of his constitutional right under Article 22(5) to make a repre…

Rattan Singh was detained under section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. While in custody he, through his counsel, sent representations to both the Punjab State Government and the Central Government via the jail superintendent, seeking revocation of his dete…

The State of Maharashtra detained Jayendra Vishnu Thakur under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) on 5 February 1992 based on customs statements that silver smuggled from Dubai was intended for him. The detention order was served only on 13 August 1993, afte…

The husband of the petitioner was detained under COFEPOSA and challenged the detention via a writ petition. While the petition was pending, the government revoked the detention order and the Gujarat High Court dismissed the petition as infructuous without addressing its merits. After the husband’s death, proceedings un…

The Union of India detained B. Sankar under Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) for alleged hawala transactions involving Rs. 42.9 lakh. The Karnataka High Court set aside the detention, holding that the underlying offence under the repealed Fore…

The petitioner, Poonam Lata, filed a writ petition under Article 32 seeking habeas corpus for her husband Shital Kumar, who had been detained under section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) on 28‑Feb‑1986. After a rejected representation and confirm…

The Supreme Court examined the forfeiture of M/s. Platinum Theatre, a partnership firm, under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976. The competent authority had ordered forfeiture under Section 7 because more than 50% of the theatre's value (Rs.13.12 lakhs) remained unexplai…

The appellants, husband and brother of the petitioner, were detained under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities (COFEPOSA) Act on the grounds of alleged misdeclaration of an export consignment (claimed as alloy steel forging but allegedly metal scrap) and over‑invo…

The Union of India challenged the opinion of an Advisory Board under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) which held that there was no sufficient cause to continue the detention of Nisar Pallathukadavil Aliyar under section 3(1) of the Act. The petitioner file…

The State of Tamil Nadu issued a detention order under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 against Sheik Ahamed Hajee on 8 March 1988. The detenu challenged the order in the Calcutta High Court on 5 April 1989, obtaining an interim injunction that was later vacated on 1…

Two British nationals were detained under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 for allegedly smuggling electronic equipment in a Mercedes van. They filed writ petitions under Article 32 seeking release, arguing that their representations to the Central Government and to …

P.U. Iqbal was detained under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) by an order dated 21‑08‑1989. The order was executed only on 10‑08‑1990, creating a delay of almost one year. Iqbal filed a writ petition under Article 32 seeking habeas corpus, contending that…

The Supreme Court examined a detention order issued under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) against the husband of Smt. Alka Subhash Gadia, who could not be served with the order because he was absconding. The wife filed a writ petition challenging both the…

The Supreme Court examined the validity of a two‑year preventive detention order issued under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) against S. H. Hamdani. The Additional Secretary declared that the detainee was likely to abet smuggling in a "highly vulnerable" …

The petitioner was detained under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) to prevent future smuggling. He repeatedly requested to be represented by a legal practitioner before the Advisory Board, but the Board denied any adjournment and proceeded …

The Supreme Court examined the detention of Sanjai Pratap Gupta (Pappu) under Section 3(2) of the National Security Act, 1980. The detention order cited two grounds: his criminal antecedents and a specific incident involving murder on 13 October 2002. The High Court quashed the order, holding the two grounds inseparabl…

Ramchandra A. Kamat was detained under section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 and arrested on 5 September 1979. He sought to make a representation against his detention but was denied copies of the statements and documents referred to in the grounds of dete…

The petitioner’s brother was detained on 31 August 1979 under section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA). He made two representations to the Central Government, invoking section 11 of the Act for revocation of the detention, but the detaining authori…

The case concerned the sale of a flat owned by Tahira Sultana, the wife of a COFEPOSA detainee, to Tayab Ali, who later died and whose heirs appealed. The property had been subject to a forfeiture order under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (SAFEMA) and a stay was impo…

The appellant, Managing Director of an exporting company, was alleged to have misdeclared the value and description of alloy steel exports and to have routed excess proceeds through hawala, leading to investigations by the Directorate of Revenue Intelligence. He was arrested in October 2003, released on bail in January…

The State of Gujarat detained Adam Kasam under Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, alleging his participation in a smuggling operation involving contraband wrist‑watches. Kasam challenged the detention before the Gujarat High Court, which quashed the order…

The Supreme Court examined the validity of a detention order issued under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) against Vinod K. Chawla, who was alleged to have evaded customs duty by under‑invoicing electronic imports and remitting proceeds thr…

Sabir Ahmed filed a writ petition under Article 32 challenging the detention of his brother, Dawood Hasan Sheikh Ibrahim, under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA). The detenu had made a representation to the detaining authority and later applied to the Centr…

Harish Pahwa was detained under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 on 16 May 1980. He filed a representation against his detention on 3 June 1980, which the Uttar Pradesh State Government received on 4 June but failed to decide promptly, finally rejecting it on 24 June…

The Supreme Court examined the detention of several individuals under Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, whose representations against detention were filed on 30 March 2011. The State Government forwarded these representations to the Central Government, w…

The appellants, bona‑fide tenants of a property owned by Krishna Budha Gawde, challenged the forfeiture of that property under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (SAFEMA). Gawde had been detained under COFEPOSA and his property was declared “illegally acquired” and forfei…

The appellant's son was detained under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. He filed a first representation on 12 April 2002 challenging the detention, which was rejected by the Central Government after the Advisory Board’s opinion. A second representation was filed on …

Abdus Salam was detained under the COFEPOSA Act after being caught with smuggled gold ingots in September 1987. A detention order was issued in May 1988 and he was arrested in August 1988. He challenged the detention on the grounds that the delay in passing the order, the delay in disposing his representation before th…

The Union of India appealed against a Bombay High Court order that set aside a forfeiture order under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (SAFEMA) on the ground that the first proviso of Section 2(2)(b) rendered the proceedings non est after the detention order under the C…

Maliyakkal Abdul Azeez was convicted under Section 135(1) of the Customs Act for smuggling gold and sentenced to three years' rigorous imprisonment, later reduced to two years. He had earlier been detained for two years under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (COFEPOSA), a …

Shiv Ratan Makhlam was intercepted at the India‑Nepal border in November 1984 and two pieces of foreign‑marked gold were seized from his trousers. He was arrested, released on bail, and later, in April 1985, the Government issued a detention order under Section 3 of the Conservation of Foreign Exchange and Prevention o…

Sanjay Bhandari was detained under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) for alleged misuse of Export Promotion Capital Goods licences and smuggling of imported vehicles. His wife, Ranu Bhandari, filed a habeas corpus petition challenging the de…

The Supreme Court considered a batch of writ petitions challenging preventive detention orders issued under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) and the National Security Act, 1980. The petitioners, many of whom had absconded or evaded execution of the orders,…

The Union of India appealed against a Punjab and Haryana High Court order that quashed a COFEPOSA detention order passed on 31‑10‑2001 against Amrit Lal Manchanda. The respondent had obtained a stay of the detention order and later argued that the long lapse of time made the order untenable, relying on Sunil Fulchand S…

The appellant's son, Nazhar Ahmed, was arrested at Bangalore Airport with undeclared gold jewellery and later granted bail by a Special Court. He was subsequently detained under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) and the Advisory Board confirmed a one‑year d…

Lallubhai Jogibhai Patel was detained under Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 on 30 January 1980. He filed a writ petition (No. 449 of 1980) under Article 32 challenging the detention, which was dismissed. After the dismissal he raised additional grounds …

The appellant, wife of a man detained under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA), challenged the order of preventive detention on the grounds of an alleged inordinate delay between the alleged smuggling of red sanders (17 Nov 2012) and the issuance of the dete…

The petitioner was detained under Section 3(1)(i) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 after customs seized a large quantity of dutiable cell‑phones from his baggage at Chennai Airport. He claimed the goods were not his, that the customs statement was made under coerc…

Ahamed Nassar was detained under Section 3(1)(i) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) for alleged smuggling of cellular phones and cigarettes. He filed a representation on 21 May 1999, which was processed with short postal delays that the Court held were no…

The wives of three men detained under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) challenged the validity of the detention orders, arguing that the men were already in custody, that the grounds described the offence as "bailable" indicating non‑application of mind, t…

Jasbir Singh was detained under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 on 25 March 1994 and the grounds of detention were served on 30 March 1994. He filed representations to the Advisory Board and separately to the Central Government, the latter being disp…

The respondent, Harish Kumar, was detained under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) on 14 June 2002. He filed a writ petition challenging the detention on the ground that his representation to the Central Government, dated 27 September 2002, …

The Union of India appealed against a Calcutta High Court order that quashed a detention order issued under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) against Rajen Ghosal, an exporter accused of mis‑declaring export consignments. The High Court had …

The appellant, a Polish citizen, was caught at Chennai airport with large amounts of foreign currency and his passport was impounded. He was detained under Section 3(1)(i) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) to prevent future smuggling, and he challenged t…

The Union of India appealed against a Madras High Court order that quashed a preventive detention order passed under Section 3(1)(i) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 against Smt. Ratnamala (referred to as the detenu). The detenu’s father had made a representation …

Harinder Pal Singh Shergill was arrested in August 1998 for allegedly possessing US$66,217 at Mumbai airport. He was granted bail, and a later application to cancel the bail was dismissed. On 17 November 1998, the government issued a preventive detention order under Section 3(1) of the Conservation of Foreign Exchange …

The appellant, sister of Bham Faisal Gulam Mohammed, filed a habeas corpus petition challenging his preventive detention under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. The detenu was arrested for attempting to smuggle diamonds and was supplied with grounds o…

The appellant, S.M. Jahubar Sa Thik, was detained under Section 3(1)(i) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 on 4 November 1997 and a declaration under Section 9(1) was made on 27 November 1997. He filed a writ petition under Article 226 of the Constitution challengin…

The Supreme Court considered two distinct matters. In Official Liquidator v. Lakshmikutty, the Court held that Section 529 of the Companies Act, 1956 incorporates the set‑off rule of Section 46 of the Provincial Insolvency Act, so that where a creditor and a company in winding up have mutual dealings, only the net bala…

The Supreme Court examined a writ petition under Article 32 challenging a preventive detention order issued against Deepak Bajaj under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. The petition was filed before the order was executed, raising the issue of maintainability of pre‑…

The State of Tamil Nadu detained Abdullah Kadher Batcha under Section 3(1)(i) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 on 11 August 1999. The detenu filed a representation on 4 September 1999 requesting copies of documents that formed the basis of his detention, including…

The appellant, Bobby, was arrested for alleged diesel oil smuggling and granted bail on 12 April 2005, which he did not avail, remaining in custody when a preventive detention order was issued under COFEPOSA on 3 May 2005. He challenged the order by filing a writ petition under Article 226, which the Bombay High Court …

The appellant, Jaseela Shaji, challenged the preventive detention of her husband under COFEPOSA, arguing that the detaining authority failed to provide the statement of Ms. Preetha Pradeep, a material document relied upon for the detention, thereby violating Article 22(5) of the Constitution. She also contended that th…

The Supreme Court dismissed a writ petition filed by the wife of Hasnain Mukhtar Hussain Lakdawala, who was detained under section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA). The petitioner challenged the validity of the detention on the ground that the repr…

The petitioners challenged the preventive detention of Venilal Mehta, his daughter Pragna Mehta and son Bharat Mehta under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, alleging that the grounds of detention were not communicated in a language they understood, that their retract…

The petitioners were detained under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. While their detention orders were pending before the Gujarat High Court, the Court quashed the orders by exercising its extraordinary jurisdiction, but the same day fresh detention orders were issu…

The petitioners challenged the preventive detention of the husband of A.C. Razia under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA). The detention order relied on statements and retractions recorded in Malayalam, but the Central Government, which considered the detenu…

The appellant challenged the preventive detention of his brother Bherchand Tikaji Bora under Section 3(1) of COFEPOSA, arguing that the detenu had been fully exonerated in adjudication proceedings under FERA and that this should nullify the detention order. The High Court dismissed the writ, holding that exoneration do…

B.C. Bansal was arrested on 2‑4‑1987 for allegedly directing illegal foreign exchange remittances and was kept in judicial custody until 13‑4‑1987. On the same day his bail was granted, the authorities issued a detention order under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activi…

Ibrahim Nazeer was detained under Section 3(1)(i) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (COFEPOSA) after customs seized electronic goods from his baggage at Chennai airport. His wife filed a habeas corpus petition challenging the detention, arguing that the detaining authori…

Arvind Kejriwal, the Chief Minister of Delhi, was arrested on 21 March 2024 by the Directorate of Enforcement in connection with alleged offences under the Prevention of Money Laundering Act and related statutes. He challenged the arrest before the Supreme Court, arguing that the legality of his detention was sub judic…

The Secretary to the Government of Tamil Nadu appealed against a High Court order that set aside a detention order issued under Section 3(1)(ii) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, on the ground that the order did not specify the period of detention. The Supreme Cou…

The Enforcement Directorate searched the appellant's house and seized currency, bank drafts, bank pass books and loose sheets. The appellant was arrested, gave a statement, later retracted it, and was released on bail with a condition to attend the Enforcement Department daily, which was subsequently varied. A detentio…

The petitioner filed a writ under Article 32 seeking the release of his brother, Narinder Singh, who had been detained under sub‑section (1) of Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. The only basis for the detention was a case registered for offences under IP…

The appellants challenged the forfeiture of their properties under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (SAFEMA), arguing that the detention order against them under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) had been re…

Mahendra Chordia was detained under the COFEPOSA Act on 4 June 1980 to prevent alleged smuggling. He repeatedly requested copies of statements, documents and tape recordings referred to in the grounds of detention so he could make an effective representation, but the authorities supplied these only on 11 July and the t…

The appellant, Saeed Zakir Hussain Malik, challenged a preventive detention order issued under COFEPOSA against his brother, alleging that the order was passed 15 months after the alleged offence and was served 14.5 months later, violating Article 22(5) of the Constitution. The Supreme Court examined whether such delay…

The appellants, Amir Shad Khan and Aziz Ahmed Khan, were detained under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 after gold bars were recovered from their vehicle. They were served detention orders that allowed them to make representations to the State Government, Central Go…

Three writ petitions under Article 32 challenged the detention of individuals under the National Security Act, alleging that the authorities delayed consideration of their representations under Article 22(5) of the Constitution. The petitioners had made representations within days of detention, but the authorities eith…

The petitioners, foreign nationals arrested for allegedly smuggling gold biscuits, were denied bail and subsequently detained under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA). They challenged the detention, arguing that there was no compelling necess…

The appellant challenged the forfeiture of his family’s properties under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (SAFEMA) on the ground that the underlying detention order under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) wa…

The State of Gujarat detained Sunil Fulchand Shah under Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, on grounds that linked him to a large smuggling operation. Co‑accused filed bail applications on 2 Oct 1984 and a retraction petition on 3 Oct 1984, which the detai…

The respondent, C.M. Soni, was detained under section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) on 20 October 1978. The order of detention listed several grounds, one of which (ground No. 7) was held by the Gujarat High Court to be irrelevant, leading the High…

The petitioner, Kamlakar Prasad Chaturvedi, was detained under Section 3(2) of the National Security Act, 1980 on seven grounds, two of which related to incidents that occurred in 1978 and 1980, more than five and two years respectively before the detention order dated 6 May 1983. The petitioner challenged the order on…

The State of Maharashtra detained Bhadresh Mafatlal Shah under the COFEPOSA Act after he was caught with gold biscuits. The detention order was issued by D.N. Capoor, a specially empowered officer, who informed the detainee that he could make representations only to the State and Central Governments. The detainee’s mot…

Inderjeet Singh and Varinder Singh were detained under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 for allegedly smuggling gold. They made representations to the detaining authorities, the Advisory Board and the Central Government seeking revocation of the deten…

The Supreme Court considered a writ petition challenging the detention of Shital Kumar under section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA). The petition raised three main points: (i) whether the period of parole granted earlier should be counted towards…

The appellant's husband was detained under Sections 3(1)(i)-(iv) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. The appellant filed a representation in Malayalam to both the detaining authority and the Central Government, but no English translation of the representation or the…

The petitioner, K. K. Khushalani, was detained under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 on 20‑10‑1980. Although the grounds of detention were served, the documents and materials on which the order relied were supplied only on 05‑11‑1980, and the detenu's representation…

The appellant Gurdev Singh challenged the detention of his son, Swarn Singh Sandhu, under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA), alleging misuse of the Duty Entitlement Pass Book (DEPB) export incentive scheme and forging shipping bills. The det…

The State of Goa detained the step‑father of the respondent under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, and later, under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (SAFEMA), ordered forfeiture of the respondent's pr…

The appellant, NARESH KUMAR GOYAL, challenged a preventive detention order issued by the State of Bihar under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, alleging that the order was passed belatedly and that the authorities made no effort to execute it, thereby suggesting it w…

A detention order under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) was issued against Ratan Bagaria. Before the order could be served, his wife Vidya Bagaria filed a habeas corpus petition under Article 226 challenging the order. The Punjab and Harya…

Bhagubhai Dhanabhai Khalasi was detained under the COFEPOSA Act and his properties were forfeited under SAFEMA. After the forfeiture order was cancelled, the immovable property was not returned, and respondent No.4 claimed a sale deed in his favour. The Gujarat High Court dismissed Khalasi's writ petition under Article…

The wife of a man detained under the COFEPOSA Act challenged his preventive detention, arguing that the detaining authority had not applied its mind and had ignored the stringent bail conditions imposed by the magistrate. The Supreme Court examined the factual matrix, which showed the detainee’s involvement in a large‑…

The appellant, a young clearing and forwarding agent, was detained under section 3(1)(i) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. At the Advisory Board hearing, he requested that a retired Assistant Collector of Central Excise assist him as a "friend," but the Board refu…

The appellants purchased a flat from a detenu and his wife after notices under Section 6 of the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (SAFEMA) had been served, and later the Competent Authority forfeited the property under Section 7, declaring it vested in the Central Government…

The petitioner, P.M. Hari Kumar, was arrested in March 1990 for allegedly smuggling silver and was granted bail with conditions. The Kerala government issued a preventive detention order under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) on July 11, 19…

Lallu Jogi Patel was detained on 31 January 1980 under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA). He sought copies of the documents relied upon in the grounds of detention and permission for his lawyer to interview him. The State supplied the docume…

The appellants, who were operating a factory manufacturing Mandrax tablets, were detained under the Prevention of Illicit Traffic in Narcotic Drugs & Psychotropic Substances Act, 1988. They challenged the detention on two grounds: that the order failed to inform them of their right to make a representation to the State…

The appellant, Shobha Suresh Jumani, wife of a detenu whose properties were ordered forfeited under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976, filed an appeal claiming to be a "person aggrieved" under Section 12(4) of the Act and also sought maintenance under the Hindu Adoption …

The Supreme Court examined the preventive detention of Jahaubar Moulana under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. The detenu argued that the detaining authority had failed to furnish copies of documents mentioned in the grounds of detention, had delayed consideration o…

The appellant was detained under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 for allegedly facilitating unauthorized foreign exchange transactions. He filed a representation against his detention, which he handed to the Superintendent of the Central Prison, Bomb…

The petition challenged the continued detention of two persons under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) after the Detaining Authority, a specially empowered Joint Secretary, failed to consider their representations until after the Central Advisory Board’s re…

The appellant challenged the validity of a preventive detention order issued under Section 3 of the COFEPOSA Act against the detenue, alleging that the authorities failed to serve the grounds of detention and did not inform him of his right to make a representation as mandated by Article 22(5) of the Constitution. The …

The appellant, Gautam Jain, was detained under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) on grounds of alleged hawala transactions. He challenged the detention, arguing that the order was based on a single composite ground and that the authorities f…

Sandip Agarwal, director of a company that enjoyed duty‑free import benefits under the DEEC scheme, was found to have diverted the imported goods to the domestic market, constituting smuggling. He was detained under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (C…

M.L. Gokul Chand was detained under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 and the General Clauses Act. He challenged the detention order through three successive writ petitions and Special Leave Petitions, all of which were dismissed. On 7 May 1983 he filed a representati…

Mahesh Kumar Chauhan was detained under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. He filed a representation challenging his detention on 18‑21 August 1989, which was forwarded to the sponsoring authority on 25 August and the authority’s comments were received…

In 1973 the Customs authorities seized 565 foreign wrist watches from the petitioner’s residence and issued a show‑cause notice under section 124 of the Customs Act. The Collector later extended the statutory six‑month period for issuing the notice under the proviso to section 110(2) and imposed a penalty of Rs.2,00,00…

Abdul Nasar Adam Ismail was detained under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) to prevent future smuggling. He challenged the detention on two grounds: that the detaining authority had not independently considered his representation and that t…

The widow of Shrikrishna Gopilal Solanki, who died while detained under COFEPOSA, challenged the forfeiture of her properties under SAFEMA. Solanki had filed a writ petition in the Bombay High Court contesting his detention order, but the petition was dismissed as infructuous on the basis of an incorrect representation…

The petitioner, A. Sowkath Ali, was detained under Sections 3(i) and 3(ii) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) based on confessional statements of two co‑accused. The sponsoring authority placed those confessions before the detaining authority but omitted …

The State of Maharashtra detained Santosh Shankar Acharya under Section 3(2) of the Maharashtra Prevention of Dangerous Activities Act, 1981, but failed to inform him that he could make a representation to the detaining authority. The High Court held that such non‑communication violated Article 22(5) of the Constitutio…

The petitioners, Indru Ramchand Bharvani and his father Ram Chand Bharvani, were detained under Section 3(i) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, after a customs raid on their diamond business. They requested copies of the statements and documents on which the ground…

The petitioner Sunil Fulchand Shah challenged his preventive detention order under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, before the Supreme Court under Articles 32 and 136 of the Constitution. The central issue was whether the period of detention specified in the order i…

V.C. Mohan was charged under Sections 132 and 135 of the Customs Act for misdeclaration of a Bill of Entry, arrested, and later released on bail. After the investigation, the Customs Department issued a show‑cause notice under Section 124 and the petitioner filed an application before the Settlement Commission, which o…

The Union of India and an Additional Secretary appealed against a Gujarat High Court order that had quashed a detention order issued under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, against Vasanbharthi Jivanbharthi. The detenu challenged the detention on the …