Priy Anka Sarkariya Vs Union of India & Anr. (Supreme Court of India)
Supreme Court held that preventive detention of detenu under COFEPOSA Act involved in gold smuggling syndicate upheld since detaining authority derived valid subjective satisfaction. Further, non-supply of pen drive not reasonable since pen drive displayed to detenus and even supplied to concerned representative of detenus.
Facts- The petitioners being aggrieved over the impugned judgments dated 19.12.2025 rendered by the Division Bench of the High Court of Karnataka upholding the Detention Orders dated 22.04.2025, issued in exercise of the powers u/s. 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, are before us praying that the detenus – Smt. Harshavardhini Ranya and Shri Sahil Sarkariya Jain in be set at liberty.
Conclusion- On the contentions made by the petitioners with respect to the non-supply of the pen drive, we find that substantial compliance has been made by the officials of the respondents. Not only were the contents of the pen drive displayed to the detenus on a laptop in the prison, but endeavours were also made to supply the pen drive to the concerned representatives of the detenus. When the prison rules, as such, do not facilitate a detenu/prisoner to have access to electronic gadgets, it cannot be said that the same should be made available to the detenus, more so, when no such requests were renewed by the detenus. Thus, we hold that the contention of non-supply of the pen-drive would amount to non-furnishing of the relied upon documents is nothing but an afterthought.
