In Brief
This case concerned the validity of detention orders passed in 1994 against appellants under COFEPOSA (Conservation of Foreign Exchange and Prevention of Smuggling Activities Act), 1974. The Supreme Court held that while an Advisory Board's favourable opinion on detention is necessary, it is insufficient by itself. The appropriate Government must issue a formal confirmation order within three months specifying the detention period. Since no such confirmation order existed in the original record, detention beyond three months was deemed void and illegal, violating Article 22(4) of the Constitution. The appeals were allowed and the High Court's judgment was set aside.
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