TMI Blog2016 (3) TMI 1213X X X X Extracts X X X X X X X X Extracts X X X X ..... se 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. - Criminal Appeal No ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 27.07.2003 along with two other co-accused persons. Other co-accused filed bail application which was rejected by the trial court. The said co-accused, thereafter, went to the High Court challenging the order of the trial court dismissing his bail application. The High Court on 29.08.2003 dismissed the said bail application of the co-accused. At the same time, it ordered the trial court to conclu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1819 of 2003. This writ petition, however, has been dismissed by the High Court of Madras vide the impugned judgment dated 16.08.2004. Though the period of detention as per the aforesaid detention order is over since the respondents have also started proceedings against the husband of the appellant under CFMA, the appellant is pressing this appeal because of the aforesaid reason. A neat sub ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g note of various earlier judgments. The court has, categorically, 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. We reproduce paragraph 27 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... etails of such alleged similar cases must be given, otherwise the bald statement of the authority cannot be believed. Since the fact situation is identical in the instant case, the detention order cannot be sustained. The impugned judgment of the High court upholding such an order is also not in conformity with law. We, thus, allow this appeal, set aside the order of the High Court and quash ..... X X X X Extracts X X X X X X X X Extracts X X X X
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