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Customs - Highlights / Catch Notes

Home Highlights November 2024 Year 2024 This

Detention order under COFEPOSA Act valid. Detaining authority ...


Smuggler's detention valid due to likely prejudicial acts post-bail; authorities satisfied with propensity for organized gold smuggling network.

Case Laws     Customs

November 5, 2024

Detention order under COFEPOSA Act valid. Detaining authority satisfied detenu likely to engage in prejudicial activities upon release on bail due to propensity for organized smuggling network with foreign gold. Detention order proximate in time to bail grant and updated proposal by sponsoring authority. Non-supply of bail cancellation application inconsequential as not before detaining authority. Detention order not vague despite referring to multiple sub-clauses of Section 3(1). Procedure and statutory safeguards complied with by detaining authority. No interference warranted with detention order based on material reflecting detenu's activities.

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