TMI Blog2017 (2) TMI 1057X X X X Extracts X X X X X X X X Extracts X X X X ..... mbre are baseless and unfounded - the detention order dated 11th August, 2005, was even otherwise improper and unjustified in view of the factual position - petition allowed - decided in favor of petitioner. - Writ Petition ( CRL. ) No. 200 of 2006 - - - Dated:- 16-2-2017 - CJI. Jagdish Singh Khehar, N. V. Ramana And Dr. D. Y. Chandrachud For the Petitioner : Mr. Saurabh Kirpal,Adv. Mr. A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t, the matter is adjourned by one week. In the meanwhile, the respondent-State shall not give effect to the order of detention. 3. It is not a matter of dispute, that consequent upon the passing of the above motion Bench order on 7th March, 2007, the petitioner has never been arrested. The instant writ petition, has been pending for the last more than 10 years. It is not the case of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt. To substantiate his contention, learned counsel for the petitioner, has invited our attention to paragraph 21.3 of the order of the Settlement Commission dated 11th November, 2006, which is extracted hereunder : 21.3 From the settlement application filed by the applicants and co-applicants we find that no allegation of any conscious knowledge can be attributed to Shri Pradeep Ambre. Infac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f any bearing has been established. In these circumstances, we, therefore, hold that even on the basis of preponderance of probability the allegation of import of Ball Bearings in the guise of Borax Decahydrate in the past consignments is not established and that all allegations leveled against Shri Pradeep Ambre are baseless and unfounded. emphasis is ours 5. Having perused the infere ..... X X X X Extracts X X X X X X X X Extracts X X X X
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