https://www.taxtmi.com/caselaws?id=429797 Preventive detention is invalid where the detaining authority relies on illegible, blank, or missing documents that form the basis of subjective satisfaction, because the detenu is denied an effective opportunity to make a representation; the detention order was therefore unsustainable. Section 5-A of the COFEPOSA Act did not cure the defect, as severability cannot save an order when the foundational satisfaction itself is vitiated by improper placement of relied upon material. Parity also applied because the detenu stood on the same factual footing as detenus in the earlier connected matter, leading to the same result and release unless required in another case. en-us Wed, 02 Nov 2022 00:00:00 +0530 Fri, 04 Nov 2022 16:42:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=429797 Preventive detention is invalid where the detaining authority relies on illegible, blank, or missing documents that form the basis of subjective satisfaction, because the detenu is denied an effective opportunity to make a representation; the detention order was therefore unsustainable. Section 5-A of the COFEPOSA Act did not cure the defect, as severability cannot save an order when the foundational satisfaction itself is vitiated by improper placement of relied upon material. Parity also applied because the detenu stood on the same factual footing as detenus in the earlier connected matter, leading to the same result and release unless required in another case. Case-Laws Customs Wed, 02 Nov 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=429797