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1989 (10) TMI 56 - SC - CustomsOrders of detention passed 'with a view to preventing the detenu from abetting the smuggling of goods and dealing in smuggled goods otherwise than by engaging in transporting or concealing or keeping smuggled goods' Held that:- Taking into consideration the allegations made in the grounds of detention and in the counter-affidavit and it appears that in the names of the (said) two firms huge amount of export duty has been evaded and the imported goods, which have been allowed to be cleared, have been sold in the market. We are unable to accept the contention made on behalf of the detenu that the goods were cleared and sold under the orders of the High Court. It has been rightly observed in the impugned order of the High Court that, surely, the High Court did not permit the detenu to sell the goods in the market. It may be that a part of the imported goods has not been allowed to be cleared and stands forfeited to the Government, but that is no ground in favour of the detenu. The Government may realise a part of the duty by selling those goods, but that is neither here nor there. The fact remains that the detenu got the goods cleared and sold the same in the market. We find no reason not to accept the contention of the respondents that the licences were procured by the detenu with a view to importing the goods duty free and selling the same in the market and thereby making a huge profit to the loss and detriment of national economy.
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