https://www.taxtmi.com/caselaws?id=162565 Preventive detention under COFEPOSA must rest on real and objective material, especially where the detenu is already in custody. The detaining authority's assumption that bail was likely, despite repeated rejection of bail applications, was held to be unsupported and therefore speculative. The further inference that the detenu would resume smuggling was also found to lack material, as the record indicated that the alleged activity was part of another person's operation and the passport remained with customs. The detention order was therefore invalid for non-application of mind and absence of objective material. en-us Thu, 29 Aug 2002 00:00:00 +0530 Thu, 25 Dec 2025 12:30:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=162565 Preventive detention under COFEPOSA must rest on real and objective material, especially where the detenu is already in custody. The detaining authority's assumption that bail was likely, despite repeated rejection of bail applications, was held to be unsupported and therefore speculative. The further inference that the detenu would resume smuggling was also found to lack material, as the record indicated that the alleged activity was part of another person's operation and the passport remained with customs. The detention order was therefore invalid for non-application of mind and absence of objective material. Case-Laws Customs Thu, 29 Aug 2002 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=162565