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2014 (2) TMI 489 - HC - CustomsOrder under COFEPOSA - smuggling of gold - passport was already in the custody of the Authorities - it is contended that there was no possibility of the detenu travelling abroad and indulging in smuggling activities - Held that:- For abetting smuggling activities, it is not necessary for the detenu to travel abroad. Therefore, this contention has no merit. Delay in passing the orders of detention - Held that:- delay by itself is not fatal - The total generated documents were running into 807 pages. Considering the nature of prejudicial activities alleged and the propensity of the detenu in both the cases in hand, it is not possible to conclude that the livelink was snapped due to time gap between the date of the alleged prejudicial activities and the orders of detention. - , it is not possible to accept that the live link was snapped due to delay. Moreover, in the reply, the Detaining Authority has explained the delay. Grounds of detention - Held that:- The Detaining Authority has set out in the grounds the contents of these statements which were not retracted. They give a vivid account of the active participation of Sandeep and Jayant in the smuggling of gold for considerably long time. There is a seizure of a bag containing 5.804 kg of jewellery and gold bars which were made on 10th/11th August 2012. Hence, sufficiency of material before the Detaining Authority cannot be disputed. Therefore, in the facts of the cases in hand, the orders of detention are not vitiated on account of nonplacement of retraction of statements of Sandeep. The Writ Petitions are rejected - Decided against the appellant.
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