9911796707
TMI Blog2017 (2) TMI 1057X X X X Extracts X X X X X X X X Extracts X X X X ..... D. Mahesh Babu, Adv For the Respondent : Mr. Mahaling Pandarge,Addl.Govt.Adv. Mr. Nishant Katneshwarkar,Adv. Mr. Ravindra Keshavrao Adsure, Adv. (Not present) ORDER 1. We have heard learned counsel for the rival parties. 2. The issue under consideration revolves around the detention order dated 11th August, 2005. The petitioner ventured to assail the above detention order, prior to his arrest ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hilst the instant petition was pending before this Court, and whilst the petitioner was a free citizen, enjoying absolute liberty. In the above view of the matter, there can hardly be any justification, for sustaining the detention order dated 11th August, 2005. 4. Besides the inference drawn hereinabove, it is also pertinent to notice, that the final order also came to be passed with reference t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the guise of Borax Decahydrate in the past is leveled, any statement of Customs Officer who examined and allowed clearance of the said past consignments has not even been recorded by DRI, nor any allegation against the examining officer for abetting has been leveled in the Show Cause Notice, in absence of which it is not possible to even assume the probability of clearance of Ball Bearings in th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he paragraph extracted hereinabove, we are of the view, that the detention order dated 11th August, 2005, was even otherwise improper and unjustified in view of the factual position recorded in paragraph 3 above. 6. For the reasons recorded hereinabove, the detention order dated 11th August, 2005, passed against the petitioner is hereby set aside. The writ petition is disposed of in the above ter ..... X X X X Extracts X X X X X X X X Extracts X X X X
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