The order deals with the scope of judicial review in a detention ...

Law Upholds Preventive Detention Under Anti-Smuggling Act Based on Sufficient Grounds.

Case Laws Customs

September 6, 2024

The order deals with the scope of judicial review in a detention order passed under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (COFEPOSA). It cites relevant Supreme Court precedents clarifying that the court's role is limited to scrutinizing whether the detaining authority applied its mind and had sufficient grounds for preventive detention, without substituting its own satisfaction. The detenu is entitled to copies of documents relied upon for detention but not all documents mentioned. The detaining authority must consider the detenu's representation expeditiously. Typographical errors in the consideration order do not vitiate the decision unless prejudicial. In the present case, substantial materials like statements under the Customs Act, seizure of gold, currencies implicating the detenu justified the detention order under COFEPOSA. The court found no merit in the writ petition and dismissed it.

View Source

← Previous Next →

The order deals with the scope of judicial review in a detention ...

Law Upholds Preventive Detention Under Anti-Smuggling Act Based on Sufficient Grounds.

Case Laws Customs

September 6, 2024

You may also like:

Validity of preventive detention order - allegation of smuggling activities - COFEPOSA - The purpose of detention order is a preventive measure and if the detenu is not...

Detention of goods on incorrect grounds - when the show-cause notice was issued, there is no whisper of any invalid document whatsoever. In fact, the stand was...

Detention order - The preventive detention laws in India are a colonial legacy, and as such, are extremely powerful laws that have the ability to confer arbitrary power...

Detention order - Smuggling - Gold - currency - Baggage Rules - the order of preventive detention is a preventive measure and that predicated on the admissible voluntary...

Detention order passed under Section 3(1) (i) & 3(1) (iii) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 - The purpose of a...

Prevention Detention Order - Smuggling of gold - the order of detention passed for more than two grounds and if one of the grounds is not applicable or vague or...

Seeking release from preventive detention - COFEPOSA - Smuggling - Baggage Rules - Merely because a detenu is able to sign or write a few words in English or any other...

Smuggling - Detention order - Illegal availment of duty drawback - Since, as the record discloses, the last act which the petitioner undertook, and which may amount to...

Detaining authority is under obligation to comply with the requirements by formulating grounds for detention - HC

Order of preventive detention - the order of the preventive detention being exceptional measure by way of social defence ought to be used with great deal of care and...

Condonation of delay - Period of limitation - supply for ‘Transfer of Shares’ and ‘Rectification of Register’ - It cannot be gain said that ‘Right to refuse’...

Validity of detention order - malice in law - COFEPOSA - Inordinate and unexplained delay in passing of the impugned detention order - the detention order cannot be...

Detention of goods and Levy of penalty on the ground of under valuation - The High court quashed the impugned orders for wrongly penalizing the petitioner based on...

Detention of detenue - Smuggling of goods/abetting the smuggling of goods - seizure of gold - Though we are conscious of the fact that the period of detention would come...

Bail application - Service of detention order - section 3(3) of COFEPOSA Act, 1974 - Detaining authority was aware of the requirement of serving orders of detention and...

Quick Updates: