In Brief
A woman challenged her husband's preventive detention under COFEPOSA (foreign exchange smuggling law) before the Supreme Court. The detention order relied on statements of a witness (Ms. Preetha Pradeep) that were never provided to the detenu, and his representations to authorities sent through ordinary post went missing for nine months. The Court held that: (1) all documents relied upon by the detaining authority must be furnished to the detenu to enable effective representation under Article 22(5); and (2) prison authorities must transmit representations promptly using traceable means, and authorities must decide them with utmost expedition. The Court quashed the detention order and released the detenu, emphasizing that procedural safeguards protecting personal liberty must be strictly observed regardless of the gravity of the allegations.
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