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2010 (6) TMI 630 - HC - CustomsConfiscation – Order of detention – smuggeled goods - contended that they had heard from a third person that the High Speed Diesel was imported but the statement of any of these third persons was not recorded, there was no statement recorded under Section 108 of the Customs Act which would support the basic requirement that the HSD confiscated was smuggled - When there is no material to point out that the HSD was smuggled, it could not be said that the detenu had engaged in smuggling of goods or abetting the smuggling of goods or engaging in transporting or concealing or keeping the smuggled goods and, therefore, there was no material to invoke the powers under Section 3(1) of the COFEPOSA Act. The impugned order of detention is, therefore, unsustainable in the absence of any such material that the HSD was smuggled, petition succeeds and the same is allowed. The impugned order of detention is quashed and set aside and it is directed to release the detenu
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