https://www.taxtmi.com/caselaws?id=41950 Preventive detention under the Delhi High Court was found unsustainable where the order was based on a solitary alleged export misdeclaration and the record showed no prior smuggling activity or realistic basis for future prejudicial conduct; on that reasoning, the order operated as punishment for a completed incident rather than a preventive measure. The detention was also vitiated because material documents were not supplied in time, impairing the detenu's right to make an effective representation under Article 22(5). The court therefore treated both the punitive character of the order and the procedural lapse as fatal to its validity. en-us Mon, 18 May 1987 00:00:00 +0530 Tue, 08 Jun 2010 11:50:46 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=41950 Preventive detention under the Delhi High Court was found unsustainable where the order was based on a solitary alleged export misdeclaration and the record showed no prior smuggling activity or realistic basis for future prejudicial conduct; on that reasoning, the order operated as punishment for a completed incident rather than a preventive measure. The detention was also vitiated because material documents were not supplied in time, impairing the detenu's right to make an effective representation under Article 22(5). The court therefore treated both the punitive character of the order and the procedural lapse as fatal to its validity. Case-Laws Customs Mon, 18 May 1987 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=41950