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2019 (8) TMI 340 - HC - CustomsLegality and validity of Detention order - Smuggling - Section 3(1) of COFEPOSA Act 1974 - HELD THAT:- This Court is of the view that steps for service had been taken by the respondents promptly and the impugned order does not suffer from delay in execution. This Court is of the view that Respondent Nos. 1 and 2 have not only adequately explained the delay, if any, in execution of the impugned order, but have also explained that it was due to the conduct of the petitioner (as he was evading service), due to which recourse had to be taken under Section 7(1)(b) of COFEPOSA. Consequently, there is warrant to consider that the link between issuance of the impugned order and the execution has not snapped but strengthened. This Court is also of the view that the person, against whom mala fides are alleged, has to be impleaded as a party to the proceeding to enable him/her to answer the allegations. In the present case, even though the petitioner had alleged personal mala fides against Shri Sunil Kumar Singh, he had not impleaded him as a respondent. The allegation that the impugned order was based on extraneous reasons cannot be examined - petition dismissed.
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