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2020 (2) TMI 627 - HC - Indian LawsValidity of detention order - COFEPOSA Act - Smuggling of Gold - it is submitted that there is no nexus or live link between the alleged illegal activity and purported claim of the Detaining Authority as the alleged illegal activity had been committed between January, 2014 and July, 2015 while the impugned order had been passed on 2nd August, 2019 - HELD THAT:- This Court finds that the impugned detention order is based upon an alleged admission by the petitioner that he had financed smuggling of 185 Kgs. of gold valued at ₹ 52.35 crores between January, 2014 and July, 2015. Reliance can be placed in the case of UNION OF INDIA, JOINT SECRETARY (COFEPOSA) , GOVT. OF INDIA, MINISTRY OF FINANCE VERSUS DIMPLE HAPPY DHAKAD [2019 (8) TMI 139 - SUPREME COURT] where it was held that the ‘satisfaction’ of the detaining authority is ‘subjective’ in nature and the Court cannot interfere with the order of detention by substituting its opinion for the subjective satisfaction of the Detaining Authority - this Court is of the view that the order of the Apex Court applies to the present case on all fours The present writ petition is allowed and the petitioner-detenue is directed to be released forthwith, if not wanted in any other case. Application disposed off.
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