In Brief
A man was detained under the COFEPOSA Act for alleged smuggling of contraband gold. The detention order relied on WhatsApp chats and other documents, but these were never supplied to him despite his request, preventing him from making an effective representation. Another Division Bench of the same High Court had already ruled that such non-supply vitiated similar detentions. The Supreme Court held that when grounds and circumstances are identical, one Division Bench cannot ignore a coordinate Bench's judgment without referring to a larger Bench. The detention order was quashed as it violated the detenue's right under Article 22(5) to make an effective representation.
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