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Detention under COFEPOSA Act while already in custody. Analysis: The petitioner, detained under the COFEPOSA Act, challenged the order on the basis that he was already in custody, questioning the grounds for further detention. The detention order was issued under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. The order detailed the petitioner's involvement in an incident where he agreed to keep bags containing illegal goods for a sum of money, leading to suspicions of abetting smuggling activities. The detention order was based on the apprehension that if released on bail, the petitioner might continue criminal activities. The court referred to a previous Supreme Court judgment in Ramesh Yadav v. District Magistrate, emphasizing that detention under such circumstances should not be based solely on the likelihood of the accused obtaining bail. The court found that the order of detention in this case did not adhere to established principles of preventive detention and was therefore unsustainable. Citing the precedent set by the Supreme Court, the court ruled in favor of the petitioner, quashing the detention order and ordering the petitioner's immediate release unless held under lawful detention for other reasons.
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