Preventive Detention Order To Be Quashed When Passed Without Considering Bail Granted By Magistrate

Preventive Detention Order To Be Quashed When Passed Without Considering Bail Granted By Magistrate

The Supreme Court of India set aside a preventive detention order against an individual accused of involvement in a gold smuggling syndicate, highlighting critical procedural lapses by the detaining authority. The Supreme Court also ordered the immediate release of the detenu if he is still detained (and he has been detained since March 5, 2024).The grounds for the detention were held to be right under COFEPOSA s. 3(1)(i) to (iv). However, a procedural lapse in making the order invalid. (The detention order was nullified by the Authority ignoring bail conditions.)

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