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1990 (9) TMI 341 - SC - CustomsWhether or not there existed compelling circumstances to pass the impugned orders of detention? Held that:- The detention orders clearly state that the power is being exercised with a view to preventing the smuggling of goods referrable to clause (i) of the subsection. Merely because the number of that clause is not mentioned, it can make no difference whatsoever. So also we see no merit in the contention that the value of goods seized varies in the grounds of detention from that mentioned in the panchnama or appraisal report. How that has prejudiced the detenus is difficult to compre- hend in the absence of any material on record. The submis- sion that the declaration under section 9(1) was required to be communicated within five weeks from the date of its making is not specifically raised in the writ petitions nor was it argued before the High Court. We were, however, told that the declaration was communicated in the first week of January 1990, a statement which was not contested on behalf of the petitioners. In fact the submission was not pursued after this fact was disclosed. We also see no merit in it. Lastly, it was said that the authority had failed to take notice of the retraction of the statement recorded under section 108 of the Customs Act, 1962. In fact there is a specific reference to the retraction letter dated 12th October, 1989 and the subsequent letter of 19th October, 1989, wherein the detenus stated that they had signed the letter of 12th October, 1989 without knowing the contents thereof and had in fact not disowned their earlier statement of 5th October, 1989. It is clear from the above that this challenge is also without substance. Appeal dismissed.
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