In Brief
The Supreme Court set aside a High Court judgment that had quashed a COFEPOSA detention order for failing to specify the period of detention. The Court held that the COFEPOSA Act 1974 does not require the detaining authority to specify a detention period; when omitted, detention is presumed to be for the maximum period under law. The Court overruled the earlier Bhiryani decision that had held otherwise, reinstating the correct position established in the larger Bench judgment T. Devaki. Though the detention had expired, the Court clarified the legal position to correct the High Court's error.
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