https://www.taxtmi.com/caselaws?id=755651 Preventive detention under COFEPOSA must be exercised strictly within the statutory framework and constitutional safeguards, because the power directly affects personal liberty. Where the detaining authority records satisfaction in disjunctive terms covering smuggling, abetting smuggling, and transporting, concealing or keeping smuggled goods, the wording may create uncertainty about the exact prejudicial activity relied on. That uncertainty can hinder an effective representation by the detenu and indicate non-application of mind. On that basis, the detention order was treated as unsustainable and quashed. en-us Tue, 02 Jul 2024 00:00:00 +0530 Tue, 16 Jul 2024 21:22:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=755651 Preventive detention under COFEPOSA must be exercised strictly within the statutory framework and constitutional safeguards, because the power directly affects personal liberty. Where the detaining authority records satisfaction in disjunctive terms covering smuggling, abetting smuggling, and transporting, concealing or keeping smuggled goods, the wording may create uncertainty about the exact prejudicial activity relied on. That uncertainty can hinder an effective representation by the detenu and indicate non-application of mind. On that basis, the detention order was treated as unsustainable and quashed. Case-Laws Customs Tue, 02 Jul 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=755651