Home Case Index All Cases Customs Customs + HC Customs - 2007 (8) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2007 (8) TMI 703 - BOMBAY HIGH COURTDetention orders - Held that:- It is pertinent to note that in an affidavit, the detaining authority has also stated that in order to facilitate the smuggling of goods, the detenu has taken active part by procuring the Import Export Code of one Yogesh Merchant. It is clear, therefore, that the detenu can be said to have abetted the smuggling of goods but it cannot be said that he was concerned with the smuggling of goods. We are, therefore, of the considered opinion that the impugned order of detention suffers from non-application of mind and is contrary to law. It is illegal and must be set aside. Hence, the impugned order of detention is quashed and set aside.
|