https://www.taxtmi.com/caselaws?id=326563 Where the foundational facts for preventive detention had already been judicially negatived in earlier final proceedings arising from the same circumstances, the detention order could not be sustained. The Gujarat HC treated those prior findings as conclusive on the validity of the detention basis and, in light of the Supreme Court's remand for merits consideration, held that the detaining authority had not validly established fresh grounds or properly applied its mind. The detention order, the declaration under the COFEPOSA Act, and the consequential forfeiture notices under SAFEMA were therefore quashed and set aside. en-us Tue, 22 Mar 2016 00:00:00 +0530 Tue, 19 Apr 2016 11:59:50 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=326563 Where the foundational facts for preventive detention had already been judicially negatived in earlier final proceedings arising from the same circumstances, the detention order could not be sustained. The Gujarat HC treated those prior findings as conclusive on the validity of the detention basis and, in light of the Supreme Court's remand for merits consideration, held that the detaining authority had not validly established fresh grounds or properly applied its mind. The detention order, the declaration under the COFEPOSA Act, and the consequential forfeiture notices under SAFEMA were therefore quashed and set aside. Case-Laws FEMA Tue, 22 Mar 2016 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=326563