NDLI: Shabna Abdulla Vs. The Union of India & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Reference to larger Bench Seizure of contraband gold Detention order Copies of the WhatsApp chats Release of detenue Coordinate Bench of the High Court Confirmation of detention order Non-supply of relevant documents
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Constitution of India Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (52 of 1974)
Case(s) Referred	Referred Case 0
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Judicial discipline – Principles of – Detention orders u/s. 3 of COFEPOSA against the detenue and three co-accused persons for the alleged seizure of contraband gold and arrested thereafter – Division Bench of the High Court dismissed the Writ Petition filed by the detenue’s sister-in-law challenging the detention order as well as the confirmation of detention on the ground of non-supply of relevant documents and thus, sought release of the detenue, when the coordinate Bench of the same High Court had allowed the writ petitions filed by the co-accused persons challenging the same detention order holding that documents sought had been relied upon in the detention orders and the same ought to have been furnished to the detenus when they requested for the same, thus, the non-supply had vitally affected the right of the detenus and the detention order was bad – Correctness:Held: Division Bench of the High Court while passing the impugned judgment and order should have followed the view taken by another Division Bench of the same High Court specifically when the grounds of detention and the grounds of challenge were identical in both the cases – In the event, the Division Bench of the High Court was of the view that the earlier decision of the Coordinate Bench of the same High Court was not correct in law, the only option available to it was to refer the matter to a larger Bench – Division Bench of the High Court in the while rejecting the case of the detenue, observed that the detaining authority had arrived at a subjective satisfaction on the basis of various documents and that non-supply of the WhatsApp chats would not vitiate the detention order, thus, held that the findings of the Coordinate Bench of the same High Court in the cases of the co-accused could not be followed in the instant case – When the Coordinate Bench of the same High Court based on same grounds of detention and on the basis of the same material, which was relied on by the detaining authority, had come to a considered conclusion that non-supply of certain documents had vitiated the right to make an effective representation of the detenus, another Coordinate Bench could not have ignored the same – Second Division Bench has sought to justify its decision by holding that the findings in the cases of co accused and other connected matters would not be applicable to it since the detaining authority had also taken into consideration the other material while arriving at its subjective satisfaction – However, it is to be noted that if that was so in the case of present detenue, that was also so in the cases of other detenus – Thus, the detention order as also order of confirmation of detention order quashed and set aside – Conservation of Foreign Exchange & Prevention of Smuggling Activities Act, 1974. [Paras 12, 15-18]
Judge	Hon'ble Mr. Justice Bhushan Ramkrishna Gavai
Neutral Citation	2024 INSC 612
Petitioner	Shabna Abdulla
Respondent	The Union Of India & Ors.
SCR	[2024] 8 S.C.R. 460
Judgement Date	2024-08-20
Case Number	3082

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

Shabna Abdulla Vs. The Union of India & Ors.

Please Log-in to view this content

State of Uttar Pradesh Vs. Jai Bir Singh

Ashok Kumar Thakur Vs. Union of India and Others Etc.

Vijay Jain Vs. State of Madhya Pradesh

The State of Manipur & Ors Vs. Buyamayum Abdul Hanan @ Anand & Anr.

Vidya Drolia & Ors. Vs. Durga Trading Corporation

M/s Kothari Industrial Corporation Ltd. Vs. Tamil Nadu Electricity Board & Anr.

M. Ahamedkutty Vs. Union of India & Anr.

State Bank of India & Ors. Vs. Sheo Shankar Tewari

T.a. Hameed Vs. M. Viswanathan

Shabna Abdulla Vs. The Union of India & Ors.

Shabna Abdulla Vs. The Union of India & Ors.

Please Log-in to view this content

Similar Documents

State of Uttar Pradesh Vs. Jai Bir Singh

Ashok Kumar Thakur Vs. Union of India and Others Etc.

Vijay Jain Vs. State of Madhya Pradesh

The State of Manipur & Ors Vs. Buyamayum Abdul Hanan @ Anand & Anr.

Vidya Drolia & Ors. Vs. Durga Trading Corporation

M/s Kothari Industrial Corporation Ltd. Vs. Tamil Nadu Electricity Board & Anr.

M. Ahamedkutty Vs. Union of India & Anr.

State Bank of India & Ors. Vs. Sheo Shankar Tewari

T.a. Hameed Vs. M. Viswanathan

Shabna Abdulla Vs. The Union of India & Ors.