Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding


  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

2000 (2) TMI 825

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... om Singapore by Singapore Airlines. He was intercepted by customs authorities and on interrogation the authorities realised that he was carrying with him in one of his baggage items electronic goods worth about ₹ 16 lakhs. After recording his statement he was arrested on the next day. He moved the Chief Metropolitan Magistrate, Chennai for bail on 28.4.1999 Though his application for bail was dismissed by the said Magistrate and again dismissed when the motion was repeated by him he was, however, released on bail by order dated 28.6.1999. 3. It was in the aforesaid background that detention order, now under challenge, has been passed against him. Mr. K.K. Mani, learned Counsel who argued for the petitioner raised mainly 4 grounds f .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... mments thereon on the same day and those comments were received in the Department only on 13th September, 1999. The deponent said that the representation was considered and final order rejecting the representation was passed on 15.9.1999. The intervening period between reception of the comments/ remarks from the sponsoring authority and the final order rejecting the representation was only one day. We cannot in any manner treat that as sufficient to amount to unreasonable delay. 6. Mr. KK Mani, learned Counsel further contended that the delay was more discernible at the stage of receipt of the representation by the COFEPOSA Unit which is noted to be 9.9.1999. Learned counsel for the Union of India pointed out that as a matter of fact the .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... nter filed by the Department was a relevant document, a copy of which has not been supplied to him. In support of the said contention learned Counsel invited our attention to para 4 of the grounds of detention which reads thus: While arriving at the subjective satisfaction to detain you under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, the State Government have taken into consideration all the facts and materials referred to and relied upon in these grounds mentioned above and also the statements, mahazars, etc. accompanying thereto. 9. Shri V.R. Reddy, learned senior counsel appearing for the State of Tamil Nadu submitted that the expression all the facts and materials referred need not ne .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates