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    <title>1992 (3) TMI 249 - MADHYA PRADESH HIGH COURT</title>
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    <description>A preventive detention order under the COFEPOSA Act was held invalid where the Hindi and English versions of the detention order and grounds were materially inconsistent and did not convey the same basis of detention. The court held that such variance showed non-application of mind by the detaining authority because subjective satisfaction must rest on a precise and consistent foundation. It also held that the inconsistency prejudiced the detenu&#039;s constitutional right under Article 22(5) to make an effective representation. The detention was therefore treated as illegal, and the detenu was directed to be released forthwith.</description>
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    <pubDate>Mon, 30 Mar 1992 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=100528</link>
      <description>A preventive detention order under the COFEPOSA Act was held invalid where the Hindi and English versions of the detention order and grounds were materially inconsistent and did not convey the same basis of detention. The court held that such variance showed non-application of mind by the detaining authority because subjective satisfaction must rest on a precise and consistent foundation. It also held that the inconsistency prejudiced the detenu&#039;s constitutional right under Article 22(5) to make an effective representation. The detention was therefore treated as illegal, and the detenu was directed to be released forthwith.</description>
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