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1999 (10) TMI 652 - SC - Companies LawWhether it was necessary to detain the appellant under the COFEPOSA? Held that:- Writ allowed. The conclusion of the detaining authority on the facts of the present case, ‘there is likelihood of his being released on bail’ could not be said to be based on no relevant material. However, in view of our findings, viz., non-placement of two material documents, one letter dated 19-4-1999 by the advocate of the detenu to the sponsoring authority and the other, letter dated 23-4-1999 by the detenu, before the detaining authority which were relevant and were likely to affect the satisfaction, hence we have no hesitation to hold that the detention of the petitioner under section 3(1) of the COFEPOSA vitiates and the detention order is unsustainable in law. Accordingly the impugned detention order dated 28-4-1999 passed by the detaining authority under section 3(1)(i) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 quashed.
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