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2015 (8) TMI 697 - HC - CustomsDelay in issuance the detention orders Validity of proceedings under COFEPOSA Act Petitioner was detained on grounds of possessing 12 gold bars without declaration All goods were confiscated and detenu was taken into arrest It was alleged by petitioner that inordinate delay of seven months in issuing detention order was not satisfactorily explained by respondent Held that:- After considering facts, it was evident that delay in issuing detention order has occurred at every stage Neither sponsoring authority nor detaining authority were serious enough in issuing detention order expeditiously to prevent detenu in future from indulging into smuggling of goods as well from engaging in transportation and concealing and keeping smuggled goods As per communication between sponsoring and detaining authority, it proposed that detenu was not found indulged into smuggling / adverse activities Link between date of incident in question i.e. 11th May, 2014 and detention order dated 16th December, 2014 which came to be executed on 8th January, 2015 was snapped For said reasons detention order was vitiated on point of delay and therefore, deserves to be quashed and set aside Decided in favour of Petitioner.
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