HC upheld preventive detention order under COFEPOSA Act against ...

Gold Smuggling Case: Preventive Detention Under COFEPOSA Act Upheld Despite Ongoing Criminal Proceedings Against Accused

February 20, 2025

Case Laws Customs HC

HC upheld preventive detention order under COFEPOSA Act against petitioner involved in smuggling foreign gold through Gaya International Airport. Despite petitioner's custody in related criminal case, court found detention justified per established precedents. Court rejected argument that existing criminal proceedings precluded preventive detention, citing Haradhan Saha and Ameena Begum decisions. Procedural challenge regarding delay in order communication dismissed as records showed proper execution and compliance with statutory timelines. HC confirmed detaining authority followed constitutional, statutory, and procedural requirements, with valid subjective satisfaction based on relevant materials. Detention order maintained as necessary preventive measure distinct from punitive criminal proceedings. Writ petition dismissed.

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HC upheld preventive detention order under COFEPOSA Act against ...

Gold Smuggling Case: Preventive Detention Under COFEPOSA Act Upheld Despite Ongoing Criminal Proceedings Against Accused

February 20, 2025

Case Laws Customs HC

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