In Brief
The Union of India appealed the High Court's quashing of detention orders passed against smugglers under COFEPOSA. Two vehicles carrying smuggled gold discs had been intercepted, and the detaining authority detained the accused believing they had propensity to engage in smuggling. The High Court quashed the orders, holding that relied-upon documents were not served with the detention order. The Supreme Court reversed this, holding that Section 3(3) COFEPOSA requires only that grounds and the detention order be served within five days—not that all supporting documents be simultaneously served. The Court reinstated the detention orders, emphasizing that the detaining authority's subjective satisfaction based on material evidence cannot be lightly interfered with.
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