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2019 (6) TMI 1363 - HC - CustomsBail application - Service of detention order - section 3(3) of Conservance of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 - HELD THAT:- Respondent no. 3 Detaining authority was aware of the requirement of serving orders of detention and grounds of detention with relied upon documents. It is in the face of this requirement and knowledge it passed the order which we have mentioned supra. The submission that preparation of pages and bulk of record did not enable the respondents to serve relied upon documents simultaneously with the order of detention upon the petitioners, is therefore, unsustainable. The authorities could have in appropriate cases indicated that because of huge records and necessary clerical work, relied upon documents would be served in terms of section 3(3) of COFEPOSA Act. The order does not carry any mention on these lines and on the contrary it gives an impression to the contrary. The impugned order of detention is unsustainable - appeal allowed.
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