In Brief
The Union of India appealed against a High Court order quashing detention orders issued under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (COFEPOSA) against two smugglers detained while in judicial custody. The Supreme Court held that a detention order can validly be passed against a person already in custody if the Detaining Authority demonstrates awareness of the custody and has material showing the person is likely to be released and will probably engage in prejudicial activities upon release. The Court rejected the argument that non-placement of a witness's retraction statement vitiated the detention, as the Detaining Authority was unaware of it. The appeal was allowed and detention orders restored.
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