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TMI Blog2001 (12) TMI 91X X X X Extracts X X X X X X X X Extracts X X X X ..... tion of Smuggling Activities Act, 1974. It is stated that the detenu made a bill of entry on behalf of one M/s. Majestic International for the import of 360 table fans. On opening the said consignment, a large number of electronic equipments and other items were found valuing Rs. 90,94,760/- as against the declaration. Consequently proceedings were initiated against him and the order of detention ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... thority. The learned Counsel for the petitioner also placed his reliance on the judgment of this Court in H.C.P. 843/2000, dated 25-8-2000 wherein a reliance was placed yet another judgment of this Court in H.C.P. 1444/99, dated 10-4-2000. 4.The learned Counsel for the respondents contended that the said documents were not placed before the confirming authority. But, however, contended that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Board by the detaining authority, this court in H.C.P. No. 1444 of 1999, dated 10-4-2000 has quashed the detention order. The relevant passage is extracted herein : Mr. K. Kumar, learned Standing Counsel for the Central Government, however, tried to argue that as of course, the detenu under the COFEPOSA Act are given the chance to appear through the Counsel before the Advisory Board and in this ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... detention order. Therefore, if the relevant and material documents like the show cause notice under Section 124 of the Customs Act and the reply thereto by the detenu are not put before the Advisory Board, we are afraid the necessary consequence must follow and the detention would then be liable to the vitiated. This decision applies squarely to the instant case. Therefore, for the same reasons ..... X X X X Extracts X X X X X X X X Extracts X X X X
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