Detention order - Smuggling - illicit import of foreign origin ...

Detention order for gold smuggling voided; detainee not provided legible or translated documents, undermining legal validity.

December 24, 2022

Case Laws Customs HC

Detention order - Smuggling - illicit import of foreign origin gold into India via air cargo - The failure and non-supply of legible/translated copies of all RUDs despite a request and representation made by the detenu for the supply of the same, renders the order of detention illegal and bad in law; and vitiates the ‘subjective satisfaction’ arrived at by the Detaining Authority - the Detaining Authority gravely erred in relying upon the illegible documents which is equivalent to non-placement of translated-RUDs in a language which the detenu understands; by the act of omitting them from due consideration, which consequently vitiates the ‘subjective satisfaction’ arrived at by the Detaining Authority. - HC

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Detention order - Smuggling - illicit import of foreign origin ...

Detention order for gold smuggling voided; detainee not provided legible or translated documents, undermining legal validity.

December 24, 2022

Case Laws Customs HC

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