https://www.taxtmi.com/caselaws?id=399211 Preventive detention under COFEPOSA requires a live and proximate nexus between the prejudicial activity and the need for immediate detention, and delay in making or executing the order must be satisfactorily explained. The delay in passing the detention order was explained, but the delay in execution was not; the record showed only limited and incomplete efforts over a substantial period, and the claim that the detenu had absconded lacked adequate support. Temporary COVID-19 flight restrictions did not, by themselves, break the nexus, because resumed or selective operations remained possible. The detention order was therefore unsustainable because the unexplained execution delay and the material on record did not justify preventive detention. en-us Thu, 01 Oct 2020 00:00:00 +0530 Tue, 06 Oct 2020 12:07:50 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=399211 Preventive detention under COFEPOSA requires a live and proximate nexus between the prejudicial activity and the need for immediate detention, and delay in making or executing the order must be satisfactorily explained. The delay in passing the detention order was explained, but the delay in execution was not; the record showed only limited and incomplete efforts over a substantial period, and the claim that the detenu had absconded lacked adequate support. Temporary COVID-19 flight restrictions did not, by themselves, break the nexus, because resumed or selective operations remained possible. The detention order was therefore unsustainable because the unexplained execution delay and the material on record did not justify preventive detention. Case-Laws Customs Thu, 01 Oct 2020 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=399211