In Brief
The wife of a man detained under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (COFEPOSA) challenged his preventive detention order. The detenu was arrested for allegedly smuggling foreign gold and operating a smuggling syndicate. Although he was granted bail by a Magistrate with strict conditions, the detaining authority issued a preventive detention order without examining whether those bail conditions were sufficient. The Supreme Court held that when bail with conditions has been granted for the same charges, the detaining authority must consider the adequacy of those conditions before ordering preventive detention. The Court set aside the detention, holding that preventive detention should not be used merely as an enforcement tool when the ordinary criminal law framework and bail conditions are adequate.
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