https://www.taxtmi.com/caselaws?id=411149 Preventive detention under the COFEPOSA Act was held invalid where the detaining authority had earlier handled the same matter and was therefore not acting with a fresh, detached mind. The court also found violation of Article 22(5) because legible and complete relied-upon documents were not supplied, and the detenu was deprived of an effective representation. Further, unexplained delay broke the live-link between the alleged prejudicial activity and detention, while non-consideration of retractions, post-release conduct, and other vital material showed non-application of mind. The detention grounds were also found to be copied from another case, confirming mechanical action and quashing the detention. en-us Fri, 13 Aug 2021 00:00:00 +0530 Tue, 17 Aug 2021 21:35:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=411149 Preventive detention under the COFEPOSA Act was held invalid where the detaining authority had earlier handled the same matter and was therefore not acting with a fresh, detached mind. The court also found violation of Article 22(5) because legible and complete relied-upon documents were not supplied, and the detenu was deprived of an effective representation. Further, unexplained delay broke the live-link between the alleged prejudicial activity and detention, while non-consideration of retractions, post-release conduct, and other vital material showed non-application of mind. The detention grounds were also found to be copied from another case, confirming mechanical action and quashing the detention. Case-Laws Customs Fri, 13 Aug 2021 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=411149