https://www.taxtmi.com/caselaws?id=171991 Preventive detention under Section 3(1)(i) of the COFEPOSA Act depends on valid subjective satisfaction that future smuggling activity is likely. Where the detenu had admittedly surrendered the passport, that material circumstance had to be considered because it directly affected the ability to travel abroad and commit smuggling. The detaining authority's failure to meaningfully address the surrendered passport vitiated the satisfaction on future propensity, and the detention order was quashed. The alternative precedent cited by the respondents did not cure this defect or displace the governing principle requiring consideration of the passport's unavailability. en-us Tue, 16 Oct 2012 00:00:00 +0530 Mon, 22 Jan 2018 10:05:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=171991 Preventive detention under Section 3(1)(i) of the COFEPOSA Act depends on valid subjective satisfaction that future smuggling activity is likely. Where the detenu had admittedly surrendered the passport, that material circumstance had to be considered because it directly affected the ability to travel abroad and commit smuggling. The detaining authority's failure to meaningfully address the surrendered passport vitiated the satisfaction on future propensity, and the detention order was quashed. The alternative precedent cited by the respondents did not cure this defect or displace the governing principle requiring consideration of the passport's unavailability. Case-Laws Indian Laws Tue, 16 Oct 2012 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=171991