2012 (1) TMI 402 - SC - Indian Laws

Summary

Issues involved: Appeal against the judgment of the Bombay High Court dismissing a writ petition to quash a detention order u/s 3(1) of the COFEPOSA Act, 1974.

Judgment Summary:

1. The appeal was against the Bombay High Court's order dismissing a writ petition to quash a detention order passed by the Detaining Authority u/s 3(1) of the COFEPOSA Act, 1974 on 20th July, 2011.

2. The detention order was challenged on the grounds that the appellant's license had already been suspended, which effectively controlled the intention of the Detaining Authority to prevent further offenses.

3. The State's submission that the detention order aimed to prevent future offenses was contradicted by the suspension of the appellant's license.

4. Reference was made to a previous judgment where a similar point led to the quashing of a detention order, supporting the decision to quash the impugned order in this case.

5. The Court, without delving into other issues, concluded that the detention order could not stand and was therefore quashed, with the detenue to be set at liberty forthwith.

6. In a separate matter (SLP (Crl.)No. 175 of 2012), the Court declined to interfere with the detention order passed, and the appeal was dismissed accordingly.