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2019 (5) TMI 931 - HC - CustomsValidity of Detention order - alleged contravention of the provisions of the Customs Act, 1962 - Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 - HELD THAT:- This Court is in agreement with the learned counsel for respondent-Custom that the petitioner was aware of the detention order as he had made a representation to the Hon’ble Lieutenant Governor, Govt. of NCT of Delhi in 2005 - This Court is also in agreement with the contention of learned counsel for respondent-Customs that the detention order could not be executed against the petitioner because he had fled to USA and after coming to India had kept changing his residential addresses in Delhi, Ghaziabad and Dehradun. However, as the petitioner had allegedly indulged in unlawful activity as far back as July, 2001 and the business of import of mobile phones is no longer lucrative and the petitioner’s passport is lying expired since 2005 as well as the fact that the penalty proceedings had resulted in exoneration of the petitioner, this Court is of the view that continuing the order of detention would be an exercise in futility - In fact, this Court is of the opinion that there is no live-link today between the alleged prejudicial activities and the purpose of detention. The impugned detention order dated 28th September, 2001 passed by respondent No.2 against the petitioner is set aside - petition allowed - decided in favor of petitioner.
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