https://www.taxtmi.com/caselaws?id=443895 In preventive detention matters under COFEPOSA, an inordinate and unexplained delay in executing the detention order can vitiate the detention where the authorities do not show real efforts to trace the detenu or effect service. Mere gazette publication under section 7(1)(b), without evidence of further action or diligent enquiry, was treated as insufficient compliance on these facts. Applying the preventive detention principle that action must be timely and commensurate with the situation, and treating section 7 of the National Security Act as pari materia, the Court found the thirty-year delay unexplained and the service explanation inadequate, with the detention order set aside. en-us Wed, 27 Sep 2023 00:00:00 +0530 Wed, 04 Oct 2023 15:49:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=443895 In preventive detention matters under COFEPOSA, an inordinate and unexplained delay in executing the detention order can vitiate the detention where the authorities do not show real efforts to trace the detenu or effect service. Mere gazette publication under section 7(1)(b), without evidence of further action or diligent enquiry, was treated as insufficient compliance on these facts. Applying the preventive detention principle that action must be timely and commensurate with the situation, and treating section 7 of the National Security Act as pari materia, the Court found the thirty-year delay unexplained and the service explanation inadequate, with the detention order set aside. Case-Laws FEMA Wed, 27 Sep 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=443895