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2015 (1) TMI 980 - HC - CustomsValidity of detention order - Recovery of banned substances - Detention order of co-accused not confirmed however, that of appellant were confirmed - Held that:- in Deepak Bajaj (2008 (11) TMI 655 - SUPREME COURT), a two Judge Bench decision stated that the five grounds outlined in Alka Gadia (1990 (12) TMI 216 - SUPREME COURT OF INDIA) are "only illustrative and not exhaustive". The Court in Deepak Bajaj (supra) then proceeded to consider the challenge - on the merits of the detention order. This Court is of the opinion, with due deference that the rather elaborate reasoning in Alka Gadia (supra) preceding the "very limited" number of exceptions mentioned in that judgment cannot be said to have been expanded in Deepak Bajaj (supra), since in the latter case, firstly, no exceptional feature is discussed, and, secondly - rather more importantly - the judgment was by two Judges. The observations in Deepak Bajaj (supra) with respect, cannot be taken as having changed the rule and principle in Alka Gadia (supra). Court does not perceive any facts which would fall within the exception spelt out in Alka Gadia (supra) compelling a merits consideration of the impugned detention order that has not been served upon the petitioner. Consequently, this Court declines to entertain this petition, which is dismissed. - Decided against appellant.
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