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2020 (1) TMI 907 - HC - CustomsWrit of Habeas Corpus - Release of detained petitioner - detention sought on the ground that the detention of petitioner in custody is illegal and the same is violative of Article 14, 21 and 22 of the Constitution of India - smuggling - HELD THAT:- In view of the serious allegations levelled against the petitioner about his involvement in the multi crore scam of the smuggling of gold in which the petitioner has actively participated, we are not inclined to exercise our discretion in favour of the petitioner for issuance of Writ of Habeas Corpus. The petitioner has efficacious remedy of filing the Bail Application and seeking regular bail before the competent court. Even if the remand order is illegal, which is passed mechanically in a cavalier fashion, still the remedy of the Writ of Habeas Corpus cannot be said to be an efficacious remedy, but in terms of the Hon’ble Supreme Court filing of Bail Application in such circumstances is appropriate remedy. The petitioner is entitled to avail appropriate remedy as available in law for seeking bail as per the advice - petition dismissed.
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