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    <title>2008 (8) TMI 989 - BOMBAY HIGH COURT</title>
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    <description>Under COFEPOSA, delay in executing a detention order does not by itself vitiate detention where the detenu is absconding or concealing himself and the authorities invoke the statutory machinery under Sections 7(1)(a) and 7(1)(b). The article notes that the authorities must first show prompt and genuine efforts to serve the order, but once a direction to appear is issued and not complied with, the burden shifts to the detenu to show that compliance was impossible and that the required intimation was given. On the stated facts, repeated attempts and statutory steps were taken, the delay was attributed to non-traceability, and the long delay did not invalidate the detention.</description>
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    <pubDate>Thu, 14 Aug 2008 00:00:00 +0530</pubDate>
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      <title>2008 (8) TMI 989 - BOMBAY HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=280671</link>
      <description>Under COFEPOSA, delay in executing a detention order does not by itself vitiate detention where the detenu is absconding or concealing himself and the authorities invoke the statutory machinery under Sections 7(1)(a) and 7(1)(b). The article notes that the authorities must first show prompt and genuine efforts to serve the order, but once a direction to appear is issued and not complied with, the burden shifts to the detenu to show that compliance was impossible and that the required intimation was given. On the stated facts, repeated attempts and statutory steps were taken, the delay was attributed to non-traceability, and the long delay did not invalidate the detention.</description>
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      <pubDate>Thu, 14 Aug 2008 00:00:00 +0530</pubDate>
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