Order of Preventive detention not sustainable on grounds of stale and illusory

Last updated: 08 October 2021

Save Share

Quick Summary

The Delhi High Court has ruled that a preventive detention order against Naveen Kasera was unsustainable. The court found that the grounds for detention, based on a single shipping bill from December 2018, were stale and illusory, with no real connection to the detention order issued over two years later. The court emphasised that such delays defeat the purpose of preventive detention and raise doubts about the necessity of curtailing an individual's liberty.

Court :
Delhi High Court

Brief :
In Naveen Kasera alias Naveen Agarwal v. Union of India Secretary Ministry of Finance W.P.(CRL) 630/2021 dated September 30, 2021] the current writ petition has been filed by Naveen Kasera alias Naveen Agarwal ("the Petitioner") challenging the detention order bearing F.No.:PD-12001/03/2021–COFEPOSA dated January 15, 2021 wherein the Petitioner was put under preventive detention under Section 3(1) of the Conservation of Foreign Exchange & Prevention of Smuggling Activities Act, 1974, ("the COFEPOSA Act").

Citation :
F.No.:PD-12001/03/2021–COFEPOSA dated January 15, 2021

Daily Limit Reached

You have reached your daily limit of 2 Free Judgements

Subscribe to CCI PRO for unlimited access

Why Upgrade to CCI PRO?

No Ads
WhatsApp Community
Daily E-Newsletter
Unlimited Judgements Access
Profile Visitors
Link Social Profiles
Featured Job Posts
Pro Badge
Expert GST Guidance
Unlimited Forum Replies
Download Content in PDF

1 Year PLAN

1999

(Excl. of GST ₹359)

2 Years PLAN

3499

(Excl. of GST ₹629)

BEST VALUE

3 Years PLAN

4999

(Excl. of GST ₹899)

View all CCI PRO benefits

Already a PRO member? Login here for an ad-free experience. 07941056694

164 Views Comment Share GST Report

Judgement posted by

Bimal Jain

Service

FCA, FCS LLB with21 Yrs of Experience inTaxation Indirect and Direct: Education Qualification: B.Com (Hons) Chartered Accountants Company Secretary LLB Qualified SAP FI/CO Consultants Professional Membership: Chairmanof Indirect Tax Committee of PHD Chamber of Commerce Member of Indirec ... Read more

View Judgements

Comments