https://www.taxtmi.com/caselaws?id=108611 Preventive detention under the COFEPOSA Act was held invalid where the detaining authority failed to consider a material circumstance directly affecting subjective satisfaction. The detenu's passport had been retained in judicial custody, which was relevant to the alleged smuggling pattern because that activity depended on travel in and out of India. Although the grounds showed awareness that the passport was retained, they did not reflect any consideration of the effect of that fact on the likelihood of continued prejudicial conduct. The omission amounted to non-application of mind to a vital fact, vitiating the detention order and rendering it liable to be quashed. en-us Tue, 03 Dec 2002 00:00:00 +0530 Mon, 02 Apr 2012 19:03:17 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=108611 Preventive detention under the COFEPOSA Act was held invalid where the detaining authority failed to consider a material circumstance directly affecting subjective satisfaction. The detenu's passport had been retained in judicial custody, which was relevant to the alleged smuggling pattern because that activity depended on travel in and out of India. Although the grounds showed awareness that the passport was retained, they did not reflect any consideration of the effect of that fact on the likelihood of continued prejudicial conduct. The omission amounted to non-application of mind to a vital fact, vitiating the detention order and rendering it liable to be quashed. Case-Laws Companies Law Tue, 03 Dec 2002 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=108611