https://www.taxtmi.com/caselaws?id=755651 The Bombay HC held that detention orders under COFEPOSA must be strictly construed due to their extraordinary nature in depriving personal liberty without trial. When Section 3(1) clause (iii) encompasses multiple distinct activities regarding smuggled goods (transport, concealment, or keeping), the Detaining Authority must specify which particular activity the detenu was engaged in that required prevention. The court found that failure to provide such clarity violates the detenu's right to make an effective representation, as the person cannot adequately respond without knowing the specific grounds. The detention order was vitiated due to non-application of mind by the authority and could not be sustained. The application was disposed of in favor of the detenu. 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 The Bombay HC held that detention orders under COFEPOSA must be strictly construed due to their extraordinary nature in depriving personal liberty without trial. When Section 3(1) clause (iii) encompasses multiple distinct activities regarding smuggled goods (transport, concealment, or keeping), the Detaining Authority must specify which particular activity the detenu was engaged in that required prevention. The court found that failure to provide such clarity violates the detenu's right to make an effective representation, as the person cannot adequately respond without knowing the specific grounds. The detention order was vitiated due to non-application of mind by the authority and could not be sustained. The application was disposed of in favor of the detenu. Case-Laws Customs Tue, 02 Jul 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=755651