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2019 (4) TMI 2036 - HC - CustomsSmuggling - Gold Bars - whether the indisputable fact that the Advisory Board as also the detaining authority had failed to consider the order of revocation of the detention order of the co-detenu in the same transaction viz., Annexure-1 in Ext.P6 passed in relation to Shahbas, is fatal to the order confirming the detention of the detenu and whether it is sufficient to vitiate the same? - HELD THAT:- Evidently, in the case of Sri.Shahbas, the co-detenu of Sri.Abulais, the order of revocation of the order of detention was passed pursuant to the receipt of an opinion from the Advisory Board that in respect of Shahbas there is no sufficient ground for detention. The question whether the order passed by the Government revoking the order of detention is communicated to the Advisory Board or not would got no insignificance for the simple reason that the very opinion in the case of Sri.Shahbas in the same transaction was given by the Board itself. When in the case of a co-detenu in the same transaction an opinion was given by the Advisory Board, when it takes up the case of another detenu involved in the same transaction, the Board was bound to consider its earlier opinion in regard to the co-detenu. Shortly stated, in this case, despite the communication of Annexure-1 in Ext.P6 pertaining to the co-detenu the Advisory Board had failed to take it into consideration in its true perspective. In the contextual situation, it is all the more relevant to note that even going by Ext.P2, Sri.Shahbas is the head of 'MPC General Trading LLC' that is involved in smuggling activities and it was his detention, in the same transaction, that was revoked as per Annexure-1 of Ext.P6. Non-consideration of all the aspects by the Government, they are sufficient to hold Ext.P8 order confirming the order of detention, as vitiated. Once it is found that Ext.P8 order whereby Ext.P1 order was confirmed is vitiated owing to non-consideration of Annexure-1 in Ext.P6, Ext.P8 order is liable to be interfered with. The impugned order is set aside - Petition allowed.
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