https://www.taxtmi.com/caselaws?id=214627 Preventive detention under COFEPOSA remains constitutionally valid even where the prejudicial conduct is not separately punishable under the foreign exchange regime, because preventive detention is distinct from punitive prosecution and may operate to protect conservation and augmentation of foreign exchange. The Court accepted that the later shift from criminal control to civil penalties did not remove the economic-security basis for the detention power, and the challenge to Section 3(1) therefore failed. The Court also refused a pre-execution prayer to quash the detention order, noting that the earlier challenge had been withdrawn and that remedies could be pursued after execution of the order. en-us Mon, 02 Jul 2012 00:00:00 +0530 Sat, 21 Sep 2013 11:51:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=214627 Preventive detention under COFEPOSA remains constitutionally valid even where the prejudicial conduct is not separately punishable under the foreign exchange regime, because preventive detention is distinct from punitive prosecution and may operate to protect conservation and augmentation of foreign exchange. The Court accepted that the later shift from criminal control to civil penalties did not remove the economic-security basis for the detention power, and the challenge to Section 3(1) therefore failed. The Court also refused a pre-execution prayer to quash the detention order, noting that the earlier challenge had been withdrawn and that remedies could be pursued after execution of the order. Case-Laws FEMA Mon, 02 Jul 2012 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=214627