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    <title>1989 (9) TMI 131 - HIGH COURT OF DELHI</title>
    <link>https://www.taxtmi.com/caselaws?id=44221</link>
    <description>A preventive detention order under COFEPOSA was held unsustainable where the disclosed material showed only a solitary smuggling incident, the detenu had already surrendered his passport to customs, and no material indicated any real likelihood of future smuggling, clandestine foreign travel, or continued prejudicial activity. The court stressed that subjective satisfaction for preventive detention must rest on relevant material actually disclosed to the detenu, and that the authorities cannot sustain detention by relying on assumptions, undisclosed material, or facts later introduced through the counter affidavit. On that basis, the detention order was quashed.</description>
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    <pubDate>Mon, 04 Sep 1989 00:00:00 +0530</pubDate>
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      <title>1989 (9) TMI 131 - HIGH COURT OF DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=44221</link>
      <description>A preventive detention order under COFEPOSA was held unsustainable where the disclosed material showed only a solitary smuggling incident, the detenu had already surrendered his passport to customs, and no material indicated any real likelihood of future smuggling, clandestine foreign travel, or continued prejudicial activity. The court stressed that subjective satisfaction for preventive detention must rest on relevant material actually disclosed to the detenu, and that the authorities cannot sustain detention by relying on assumptions, undisclosed material, or facts later introduced through the counter affidavit. On that basis, the detention order was quashed.</description>
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      <pubDate>Mon, 04 Sep 1989 00:00:00 +0530</pubDate>
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