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TMI Blog2023 (10) TMI 1440X X X X Extracts X X X X X X X X Extracts X X X X ..... nized syndicate involved in smuggling of Areca Nuts in India - lack of evidence against appellant - HELD THAT:- It is to be noted that, there might be cases booked against the applicant, there is no document to show that in any of these cases the applicant was convicted. Unless the applicant is convicted it cannot be said that he is serial law breaker. The applicant deserves protection from arrest ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vacated by the applicant. Search was conducted at his house, but applicant was not present, his cell phone was switched off. It is submitted that applicant/accused absconded. 3] Further prosecution submits that, in respect of consignment bearing bill of lading No.HLCUDX 3230836813 dated 24/08/2023, arrived at Jebel Ali Port on 18/08/2023, were loaded on the vessel of 24/08/2023. the consignment d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Apex Court has laid down a law regarding goods which are not claimed by the importer and are abandon by him. Hon ble Apex Court laid down that, in such circumstances the exporter continues to be owner of the goods and is entitle to ask for reexport, unless proved to be party to fraud or unless payment of price of goods stands guaranteed to him, by virtue of letter of credit or otherwise. 6] In li ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that, there might be cases booked against the applicant, there is no document to show that in any of these cases the applicant was convicted. Unless the applicant is convicted it cannot be said that he is serial law breaker. 10] Thus in view of the aforesaid discussion I am of the view that, applicant deserves protection from arrest. Hence, I pass following order. ORDER 1. Application Exh.1 is al ..... X X X X Extracts X X X X X X X X Extracts X X X X
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