https://www.taxtmi.com/caselaws?id=181828 A detenu may be permitted to challenge a preventive detention order in later forfeiture proceedings where the detention operated under a special emergency regime and he had no real practical opportunity to contest it earlier. The Court distinguished cases involving a normal detention order, where failure to challenge an available order may preclude a later attack when the order is relied on for forfeiture. Because the emergency-linked declaration had been revoked and the appellant was released immediately, the earlier authority cited by the High Court did not govern the situation. The High Court's refusal to allow the challenge was set aside, and the matter was remitted for consideration of the detention challenge on merits before further forfeiture action. en-us Thu, 10 Dec 2015 00:00:00 +0530 Tue, 26 Apr 2016 10:26:49 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=181828 A detenu may be permitted to challenge a preventive detention order in later forfeiture proceedings where the detention operated under a special emergency regime and he had no real practical opportunity to contest it earlier. The Court distinguished cases involving a normal detention order, where failure to challenge an available order may preclude a later attack when the order is relied on for forfeiture. Because the emergency-linked declaration had been revoked and the appellant was released immediately, the earlier authority cited by the High Court did not govern the situation. The High Court's refusal to allow the challenge was set aside, and the matter was remitted for consideration of the detention challenge on merits before further forfeiture action. Case-Laws FEMA Thu, 10 Dec 2015 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=181828