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Customs - Highlights / Catch Notes

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The High Court considered a Habeas Corpus Petition challenging a ...


High Court reviewed a case on detention for gold smuggling. Emphasized timely communication. Delay in forwarding representation unjustified.

Case Laws     Customs

June 28, 2024

The High Court considered a Habeas Corpus Petition challenging a detention order due to smuggling of foreign-origin gold. The court held that while there is no fixed time limit for considering representations, delays must not violate constitutional requirements. Citing previous cases, it emphasized the importance of timely communication and disposal of representations in preventive detention cases. The court found a seven-day delay in forwarding the petitioner's representation unjustified, rejecting excuses related to translation and holidays. It concluded that the delay violated constitutional safeguards, leading to setting aside the detention order. The Habeas Corpus Petition was allowed.

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