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    <title>2012 (4) TMI 566 - Delhi High Court</title>
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    <description>Preventive detention under COFEPOSA was held unsustainable where the relevant material was available months before the order, no fresh material intervened, and the unexplained delay snapped the live link between the prejudicial activity and detention. The pendency of criminal prosecution did not by itself justify detention, and the authority still had to show why preventive action was necessary on the existing material. As the order rested mainly on the confession and recoveries, while the detenue had already been granted bail and no similar offending was shown, the detention order was quashed and release was directed unless required in another case.</description>
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    <pubDate>Mon, 09 Apr 2012 00:00:00 +0530</pubDate>
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      <title>2012 (4) TMI 566 - Delhi High Court</title>
      <link>https://www.taxtmi.com/caselaws?id=170899</link>
      <description>Preventive detention under COFEPOSA was held unsustainable where the relevant material was available months before the order, no fresh material intervened, and the unexplained delay snapped the live link between the prejudicial activity and detention. The pendency of criminal prosecution did not by itself justify detention, and the authority still had to show why preventive action was necessary on the existing material. As the order rested mainly on the confession and recoveries, while the detenue had already been granted bail and no similar offending was shown, the detention order was quashed and release was directed unless required in another case.</description>
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      <pubDate>Mon, 09 Apr 2012 00:00:00 +0530</pubDate>
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