https://www.taxtmi.com/caselaws?id=46238 Preventive detention under COFEPOSA is founded on a rational forecast of future prejudicial conduct, not a substitute for criminal prosecution. A solitary smuggling incident can justify detention only where its nature, gravity, and surrounding circumstances reasonably indicate likely repetition; absent such concrete material, detention is unsustainable. Relevant facts such as disputed baggage ownership, absence of baggage tags, consistent denial, and pending investigation into the other person were treated as vital to subjective satisfaction. Where the detaining authority does not properly consider such material facts, the order is vitiated by non-application of mind and liable to be quashed. en-us Fri, 15 Mar 2002 00:00:00 +0530 Wed, 25 Jun 2014 14:16:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=46238 Preventive detention under COFEPOSA is founded on a rational forecast of future prejudicial conduct, not a substitute for criminal prosecution. A solitary smuggling incident can justify detention only where its nature, gravity, and surrounding circumstances reasonably indicate likely repetition; absent such concrete material, detention is unsustainable. Relevant facts such as disputed baggage ownership, absence of baggage tags, consistent denial, and pending investigation into the other person were treated as vital to subjective satisfaction. Where the detaining authority does not properly consider such material facts, the order is vitiated by non-application of mind and liable to be quashed. Case-Laws Customs Fri, 15 Mar 2002 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=46238