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2002 (3) TMI 46 - SC - CustomsPreventive detention Held that:- The factum of non-placement of relevant documents, in our view, has had a serious effect and definite inroad to petitioner's liberty without application of mind. Non-placement of the order of payment of additional duty of ₹ 11,56,803/- within 30 days from the receipt of the order of the Commission has not only transgressed the rights of the petitioner but in our view speaks a volume about the conduct of the officials rendering the proceeding before the Detaining Authority vitiated and thus turned out to be illegal. On the question of representation, the records depict that the same was sent to the President of India on 10th April, 2001 and the same was sent to the Ministry of Finance on August 16, 2001 - some explanation has been put forth, but we need not, however, detain ourselves in dealing with the same since we wish to state that non-placement of relevant materials before the detaining authority by the sponsoring authority is not only a lapse but a serious lapse on the part of the officials resulting in the order of detention to be declared unlawful and illegal and thus resultantly cannot be sustained. Thus the writ petition succeeds. The detention order stands quashed and set aside
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