https://www.taxtmi.com/caselaws?id=186993 Unexplained and unreasonable delay in executing a preventive detention order under the COFEPOSA Act can vitiate detention by undermining the immediacy and genuineness of the detaining authority's satisfaction. Here, the order was made on 15.01.2010 but served only on 25.11.2010, although the detainee was in custody and the authority knew of the arrest. The explanation that service could not be effected in police custody was rejected, and no further affidavit was filed to account for the delay. The detention was held vitiated and quashed, and release was directed unless the detainee was required in another case. en-us Thu, 03 Mar 2011 00:00:00 +0530 Thu, 06 Oct 2016 12:19:35 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=186993 Unexplained and unreasonable delay in executing a preventive detention order under the COFEPOSA Act can vitiate detention by undermining the immediacy and genuineness of the detaining authority's satisfaction. Here, the order was made on 15.01.2010 but served only on 25.11.2010, although the detainee was in custody and the authority knew of the arrest. The explanation that service could not be effected in police custody was rejected, and no further affidavit was filed to account for the delay. The detention was held vitiated and quashed, and release was directed unless the detainee was required in another case. Case-Laws Customs Thu, 03 Mar 2011 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=186993