https://www.taxtmi.com/caselaws?id=41507 Preventive detention under COFEPOSA cannot rest on a rebuttable statutory presumption unless the person is given a fair opportunity to displace it; the detention here failed on that basis because no such opportunity was afforded. The detention order also failed because the authority relied on infirm material: the alleged silver did not match in purity, there were weight discrepancies, the offer to identify supposed fictitious parties was ignored, and unexplained seized packets remained unaccounted for. These defects showed mechanical exercise of power and absence of valid subjective satisfaction. The detention order was therefore quashed and release directed. en-us Thu, 17 May 1984 00:00:00 +0530 Thu, 03 Jun 2010 18:50:59 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=41507 Preventive detention under COFEPOSA cannot rest on a rebuttable statutory presumption unless the person is given a fair opportunity to displace it; the detention here failed on that basis because no such opportunity was afforded. The detention order also failed because the authority relied on infirm material: the alleged silver did not match in purity, there were weight discrepancies, the offer to identify supposed fictitious parties was ignored, and unexplained seized packets remained unaccounted for. These defects showed mechanical exercise of power and absence of valid subjective satisfaction. The detention order was therefore quashed and release directed. Case-Laws Customs Thu, 17 May 1984 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=41507