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1992 (5) TMI 20 - SUPREME COURTWhether the detenu or anyone on his behalf is entitled to challenge the detention order without the detenu submitting or surrendering to it and if so in what type of cases? Held that:- On the conspectus of facts placed before the Court and referred to earlier, the activity of the company would amount to smuggling and that of the petitioner to abetment of smuggling, if they had removed, or caused or abetted the removal of the goods from the bonded warehouse without the permission of the concerned authorities. The order of detention proposed cannot be said to proceed on a basis totally extraneous to the provisions of the Act and cannot be described as an order not made under the Act under which it is purportedly made nor can it be said that the grounds of detention are vague, irrelevant or extraneous to the purpose or provisions of the Act. Uphold the order of learned Single Judge in the High Court dismissing the writ petition on the short ground that, on the facts disclosed in the petition, the present case prima facie fell within the scope of the expression `smuggling' as defined in the Act. Appeal dismissed.
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