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2016 (3) TMI 1213 - SC - CustomsValidity of preventive detention order in respect of the husband of the appellant who was already in jail - Held that: - reliance placed in the case of Rekha Versus State of T. Nadu TR. SEC. TO Govt. & Anr [2011 (5) SCC 244], where it was held that only in those cases where there is a real possibility of release of a person on bail who is already in custody, action can be taken for detention of such a person by passing orders of preventive detention under COFEPOSA Act. Otherwise, there is no occasion and justification to pass such an order - the detention order cannot be sustained - appeal allowed - decided in favor of petitioner.
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