https://www.taxtmi.com/caselaws?id=181859 Preventive detention was held vulnerable where the detaining authority proceeded on an incorrect factual assumption that the detenue had not retracted a DRI statement, even though no statement under Section 108 of the Customs Act had been recorded at all. The false premise was treated as material to subjective satisfaction and amounted to non-application of mind. The detention was also found unsustainable because service of the order was delayed by about 63 days without explanation, despite the detenue's regular reporting under interim bail. The court quashed the detention and its confirmation, and directed release forthwith. en-us Wed, 04 May 2011 00:00:00 +0530 Tue, 26 Apr 2016 15:22:55 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=181859 Preventive detention was held vulnerable where the detaining authority proceeded on an incorrect factual assumption that the detenue had not retracted a DRI statement, even though no statement under Section 108 of the Customs Act had been recorded at all. The false premise was treated as material to subjective satisfaction and amounted to non-application of mind. The detention was also found unsustainable because service of the order was delayed by about 63 days without explanation, despite the detenue's regular reporting under interim bail. The court quashed the detention and its confirmation, and directed release forthwith. Case-Laws FEMA Wed, 04 May 2011 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=181859