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    <title>2019 (1) TMI 1705 - DELHI HIGH COURT</title>
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    <description>A preventive detention order can be sustained on fresh investigative material despite revocation of an earlier order, where the later order rests on additional facts and a distinct subjective satisfaction. The detention was also not vitiated by the challenge that the representation was improperly considered or that no effective hearing was given before the Advisory Board, as the record showed the detenu and counsel were present and no timely objection was raised. Custody status and seizure of the passport did not negate the likelihood of renewed prejudicial activity, because preventive detention may still be justified where release on bail and recurrence of smuggling activity are reasonably apprehended.</description>
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    <pubDate>Mon, 21 Jan 2019 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=285742</link>
      <description>A preventive detention order can be sustained on fresh investigative material despite revocation of an earlier order, where the later order rests on additional facts and a distinct subjective satisfaction. The detention was also not vitiated by the challenge that the representation was improperly considered or that no effective hearing was given before the Advisory Board, as the record showed the detenu and counsel were present and no timely objection was raised. Custody status and seizure of the passport did not negate the likelihood of renewed prejudicial activity, because preventive detention may still be justified where release on bail and recurrence of smuggling activity are reasonably apprehended.</description>
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