Just a moment...

Report
FeedbackReport
Welcome to TaxTMI

We're migrating from taxmanagementindia.com to taxtmi.com and wish to make this transition convenient for you. We welcome your feedback and suggestions. Please report any errors you encounter so we can address them promptly.

Bars
Logo TaxTMI
>
×

By creating an account you can:

Feedback/Report an Error
Category :
Description :
Min 15 characters0/2000
TMI Blog
Home /

Gold Smuggling Case: Preventive Detention Under COFEPOSA Act Upheld Despite Ongoing Criminal Proceedings Against Accused

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....HC upheld preventive detention order under COFEPOSA Act against petitioner involved in smuggling foreign gold through Gaya International Airport. Despite petitioner's custody in related criminal case, court found detention justified per established precedents. Court rejected argument that existing criminal proceedings precluded preventive detention, citing Haradhan Saha and Ameena Begum decisions. Procedural challenge regarding delay in order communication dismissed as records showed proper execution and compliance with statutory timelines. HC confirmed detaining authority followed constitutional, statutory, and procedural requirements, with valid subjective satisfaction based on relevant materials. Detention order maintained as necessary preventive measure distinct from punitive criminal proceedings. Writ petition dismissed.....