The HC dismissed a habeas corpus petition challenging detention...
Preventive Detention Under COFEPOSA Upheld Despite Bail in Criminal Case for Gold Smuggling from Myanmar
📋
Contents
Cases Cited
Referred In
Notifications
Circulars
Forms
Manuals
Acts
Rules & Regulations
Plus +
Source NTF
AI Summary
Similar
Note
Bookmark
Share
https://www.taxtmi.com/hi...
✓ Copied successfully !
Print
Print Options
ExpandCollapse
CustomsMarch 28, 2025Case LawsHC
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.
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.
Note: It is a system-generated summary and is for quick
reference only.