The HC dismissed a habeas corpus petition challenging detention ...

Preventive Detention Under COFEPOSA Upheld Despite Bail in Criminal Case for Gold Smuggling from Myanmar

March 28, 2025

Case Laws Customs HC

The HC dismissed a habeas corpus petition challenging detention under COFEPOSA Act for gold smuggling from Myanmar. Despite being granted bail in the criminal case, the petitioner's preventive detention was upheld as legally distinct from punitive measures. The court relied on Ameena Begum (2024) which established parameters for judicial review of preventive detention orders. Following Saraswathi Seshagiri (1982), the court affirmed that past smuggling activities could indicate future conduct warranting preventive detention, particularly in international smuggling cases where standard prosecution might be impractical. The court rejected claims of delayed service, confirming the detention order was properly executed on March 11, 2024, and that all constitutional, statutory, and procedural safeguards were followed.

View Source

← Previous Next →

The HC dismissed a habeas corpus petition challenging detention ...

Preventive Detention Under COFEPOSA Upheld Despite Bail in Criminal Case for Gold Smuggling from Myanmar

March 28, 2025

Case Laws Customs HC

You may also like:

HC upheld preventive detention order under COFEPOSA Act against petitioner involved in smuggling foreign gold through Gaya International Airport. Despite petitioner's...

The SC invalidated a detention order under COFEPOSA Act, finding the detaining authority failed to apply its mind regarding the efficacy of bail conditions already...

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

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 order under COFEPOSA Act valid. Detaining authority satisfied detenu likely to engage in prejudicial activities upon release on bail due to propensity for...

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...

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...

Seeking grant of bail - custody for more than 41 days - Smuggling - Gold - Indian and Foreign currency - The applicant claimed innocence, stating that he was falsely...

Detention Order - Smuggling - foreign Gold - pre-execution stage are not - The Competent Authority has passed the detention order on the premise that the petitioner was...

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...

Petitioner granted regular bail as no incriminating evidence collected against him during investigation. Offences triable by Magistrate's Court, final report already...

Smuggling of gold - Detention under COFEPOSA - Confiscation of goods - In case of smuggling there is no need to apply the same standard of proof. - AT

Gold smuggling case - applicant granted regular bail. Key points: DRI failed to dispute genuineness of applicant's documents showing lawful gold jewelry business....

Application for Grant of bail - smuggling foreign origin gold - No duty paid - The High court ultimately rejected the bail application, citing the materials collected...

Money Laundering - seeking grant of bail - offence of fraud and forgery of valuable securities, etc. - twin conditions u/s 45 of PMLA satisfied or not - The High Court...

Quick Updates: