https://www.taxtmi.com/caselaws?id=767058 SC set aside detention order under COFEPOSA Act for smuggling contraband. Court held detention invalid as detaining authority failed to consider whether bail conditions imposed by Magistrate were adequate to prevent further smuggling activities. While preventive detention is permissible even when ordinary law exists, authority must examine efficacy of existing bail conditions and record satisfaction about their insufficiency before ordering detention. Since detention was based on same allegations as criminal prosecution where bail was granted with conditions, authority should have assessed whether those conditions were sufficient to restrain detenu from similar activities. en-us Thu, 06 Mar 2025 00:00:00 +0530 Thu, 06 Mar 2025 17:41:27 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=767058 SC set aside detention order under COFEPOSA Act for smuggling contraband. Court held detention invalid as detaining authority failed to consider whether bail conditions imposed by Magistrate were adequate to prevent further smuggling activities. While preventive detention is permissible even when ordinary law exists, authority must examine efficacy of existing bail conditions and record satisfaction about their insufficiency before ordering detention. Since detention was based on same allegations as criminal prosecution where bail was granted with conditions, authority should have assessed whether those conditions were sufficient to restrain detenu from similar activities. Case-Laws Customs Thu, 06 Mar 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=767058