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Criminal LawSupreme Court of India

Priyanka Sarkariya v. The Union of India

Special Leave Petition (Civil) · 2026 INSC 371Decided 16 Apr 2026
SLP(C) No.-001484 - 2026
Justice M.M. Sundresh · Justice Nongmeikapam Kotiswar Singh

Background

Two detenus were taken into preventive detention under the COFEPOSA Act after being implicated in smuggling roughly 14.2 kilograms of foreign-marked gold bars into India via Kempegowda International Airport, Bengaluru. The Karnataka High Court upheld the detention orders, and family members of the detenus (the petitioners) approached the Supreme Court challenging the legality of the detention on grounds including inadequate access to CCTV evidence, delay in deciding representations, and lack of authority of the officials who rejected their representations.

Decision Breakdown

The Supreme Court rejected all the procedural challenges raised. It held that showing the detenus the CCTV footage via a laptop (rather than providing a CD player) was adequate in the circumstances, since the footage was displayed before the representations were made and the detenus never renewed a request for further viewing. The Court found that the officials who communicated rejection of the representations had merely performed a "ministerial act" of conveying decisions made by the competent Detaining Authority and Central Government, which did not vitiate the process. It also held that the Detaining Authority's subjective satisfaction was adequately supported by the grounds of detention, which established a live and proximate link between the detenus and the smuggling activity, and that all relied-upon documents (including translations) had been duly furnished. Both Special Leave Petitions were accordingly dismissed.

Lesson Learnt

In preventive detention cases, courts scrutinize whether relied-upon evidence and translated documents were furnished to the detenu and whether representations were considered by the competent authority, but a ministerial communication of a decision by one official does not invalidate detention if the actual decision was made by the proper authority.

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