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    <title>2016 (5) TMI 556 - KERALA HIGH COURT</title>
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    <description>Preventive detention under COFEPOSA and Article 22(5) does not create a pre-execution right to obtain the detention order or grounds of detention, though pre-execution challenge remains available. Seizure or surrender of passports and bail restrictions did not, on the materials considered, negate the detaining authority&#039;s subjective satisfaction where the record showed repeated smuggling activity and a continuing risk of prejudicial conduct. The Court also found no constitutional infirmity in the consideration of representations, as the rejections were reasoned and the delay was explained. Delay in passing or executing the order, and time already spent in custody, did not invalidate detention, and compliance with bail or interim orders gave no ground for relief.</description>
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    <pubDate>Fri, 21 Aug 2015 00:00:00 +0530</pubDate>
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      <description>Preventive detention under COFEPOSA and Article 22(5) does not create a pre-execution right to obtain the detention order or grounds of detention, though pre-execution challenge remains available. Seizure or surrender of passports and bail restrictions did not, on the materials considered, negate the detaining authority&#039;s subjective satisfaction where the record showed repeated smuggling activity and a continuing risk of prejudicial conduct. The Court also found no constitutional infirmity in the consideration of representations, as the rejections were reasoned and the delay was explained. Delay in passing or executing the order, and time already spent in custody, did not invalidate detention, and compliance with bail or interim orders gave no ground for relief.</description>
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