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2004 (9) TMI 113 - SUPREME COURTWhether order of detention correct? Held that:- By chemical analysis of materials, it was found that the samples were made up of alloy steel. It has not been disputed before us that the alleged goods which are subject matter of the export were seized in presence of the detenu and were sent for chemical analysis before CRCL. Upon obtaining a report dated 23-10-2003, it appears, that the samples were made up of alloy steel although the test report could not throw any light as to whether the goods were alloy steel forging (machined), as declared by the exporter. The subject matter of the consignment, therefore, was not scrap metal. Had the detaining authority waited for the results of the said chemical analysis before issuing the impugned order of detention, the first ground stated therein could not have been made a basis therefor. Thus the order of detention, therefore, in our considered opinion, was passed in haste without there being adequate materials. Thus the impugned orders of detention cannot be sustained which are set aside accordingly. These appeals are allowed
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