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2019 (12) TMI 20 - DELHI HIGH COURTSmuggling - Gold Bars - Detention order - Sub-Section (1) of Section 3 of COFEPOSA Act - petitioner contended that the satisfaction of the Detaining Authority was vitiated inasmuch as the retraction made by Mr. Adel Saeeed Ghulam was not placed before the Detaining Authority - HELD THAT:- This Court is of the view that the petitioner’s contention that investigation is incomplete in the present case or that the detention order is based on perfunctory and inchoate material, is contrary to the facts. In fact, as smuggled gold had been found concealed in the consignment imported by the petitioner, there is no dispute or inconclusiveness of the allegations in the present case - Moreover recovery of smuggled gold proves that the petitioner has the propensity as well as potentiality to indulge in similar acts of smuggling of goods into India and it further proves existence of live-link. Retraction of statements - HELD THAT:- The detaining authority could not have considered the retraction made subsequently by Mr. Adel Saeeed Ghulam - Also, as there is no denial by the petitioner to the fact that the retraction by Mr. Adel Saeeed Ghulam had been made post the detention order dated 15th March, 2019 having been passed, there was no occasion for the Detaining Authority to have considered the same prior to passing the impugned order. There is no illegality in the impugned order - Petition dismissed.
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