9911796707
TMI Blog2014 (4) TMI 1161X X X X Extracts X X X X X X X X Extracts X X X X ..... e is that the 'lookout notice' originally issued on 1-9-2010 against him by the respondent, is being still continued. It is submitted that this is without any authority of law and against the judgment and order of this Court dated 30-4-2013 quashing the detention order in W.P.(Crl.) No. 410/2013. 2. The facts necessary for the purpose of these proceedings are that an order of detention was i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n of the petitioner's statement under Section 108 of the Customs Act. The original statement was recorded on 9-3-2010; the retraction was on 11-3-2010. This Court was of the opinion that the failure to place the retraction notice/letter on the record depriving its consideration by the authority vitiated the order. The Customs authority had apparently carried matter in Crl. M.P. No. 2407/2012 befor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ate in further proceedings and accordingly adjudicating order has been made on 31-3-2013 where a penalty has been imposed on the petitioner. 5. This Court has considered the submissions of the parties. It is evident from the record that the detention order made on 27-8-2010 was the basis for the lookout notice issued in this case. The petitioner was undoubtedly detained and feeling aggrieved ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... which is otherwise not authorised by the law. There is no doubt that the remedies to take appropriate enforcement proceedings to recover the penalties and any other duty amounts are available to the Customs authorities as per law. In these circumstances, the Court is satisfied that the lookout notice cannot survive any longer and the same has to be quashed. The said lookout notice dated 1-9-2010 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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