[Kerala Gold Smuggling] Evidence Act not applicable to preventive detention under COFEPOSA: Kerala High Court

The Court held that parallels cannot be drawn between prosecution in a court of law and a detention order under the COFEPOSA Act as one is punitive in nature while the other is preventive.
[Kerala Gold Smuggling] Evidence Act not applicable to preventive detention under COFEPOSA: Kerala High Court
gold, kerala high court

The Kerala High Court on Thursday held that none of the normal rules of criminal jurisprudence or the provisions of the Evidence Act are attracted while invoking the provisions of the Conservation of Foreign Exchange and Prevention of Smuggling Activities (COFEPOSA) Act, 1974 while directing preventive detention of an individual (Jamseena v. Union of India and Ors.).

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