Home Case Index All Cases Customs Customs + HC Customs - 2009 (4) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2009 (4) TMI 812 - HC - CustomsDetention orders challenged - Held that:- the Department has failed to prove as to how they have arrived at the conclusion that there is undervaluation since there is no material on record to show that the Department has followed the procedure contemplated under the Act and Rules to arrive at the conclusion regarding the valuation. There is a lot of delay in slapping the impugned order of detention on the detenu. For the alleged incident said to have taken place during the year 2005, the impugned order of detention came to be passed on 9-9-2008, for which no explanation, worth considering and appreciating, is coming forth from the respondents. Thus, we have no hesitation to hold that the respondents have committed a legal error in slapping the impugned order of detention on the detenu. On this ground, this Habeas Corpus Petition is allowed.
|