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Customs - Highlights / Catch Notes

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Detention Order under COFEPOSA - legal heirs of detenu - ...

Case Laws     Customs

April 24, 2024

Detention Order under COFEPOSA - legal heirs of detenu - Smuggling - diesel oil of foreign origin - The High Court addressed the challenge against a detention order issued under COFEPOSA, wherein the petitioner sought to quash the order on various grounds. These grounds included the detenu's alleged lack of English proficiency, delay in execution, non-application of mind by the detaining authority, and inadequate provision of requested documents. The court examined each contention and found them to be unsubstantiated. It concluded that the detenu's endorsement in English, previous affidavit in English, and his evasion of arrest contributed to the delay in execution.

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