https://www.taxtmi.com/caselaws?id=173455 In preventive detention under COFEPOSA, the detaining authority must be supplied with all materially relevant documents bearing on its subjective satisfaction before issuing the order. The detenu's reply to the Customs show cause notice was vital because it directly addressed the circumstances used to infer smuggling involvement, and its omission could affect the authority's decision one way or the other. Post facto reference to that reply in an affidavit did not cure the defect, and the failure also impaired the detenu's right to an effective representation under Article 22(5) of the Constitution. Non-consideration of such vital material renders the detention unsustainable. en-us Tue, 19 Sep 2000 00:00:00 +0530 Wed, 16 Sep 2015 09:45:01 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=173455 In preventive detention under COFEPOSA, the detaining authority must be supplied with all materially relevant documents bearing on its subjective satisfaction before issuing the order. The detenu's reply to the Customs show cause notice was vital because it directly addressed the circumstances used to infer smuggling involvement, and its omission could affect the authority's decision one way or the other. Post facto reference to that reply in an affidavit did not cure the defect, and the failure also impaired the detenu's right to an effective representation under Article 22(5) of the Constitution. Non-consideration of such vital material renders the detention unsustainable. Case-Laws Customs Tue, 19 Sep 2000 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=173455