Supreme Court · 2009 INSC 422 · Decided 27 March 2009

Pooja Batra v. Union of India & ORS.

Court
Supreme Court of India
Citation
2009 INSC 422 · [2009] 5 S.C.R. 67
Case number
CRIMINAL APPEAL No. 563/2009
Decided
27 March 2009
Bench
DALVEER BHANDARI, P. SATHASIVAM (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Criminal
Acts & sections cited
Customs Act Section 111, 2(39)

Headnote

Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 - s. 3 - Detention order - Based on seizure of goods from container covered under Bill c of Entry where detenu mis-declared/smuggled goods as also past eight consignments cleared earlier - A/legation that detenu to - Held: Detention order not sustainable - There was non '~ application of mind by Detaining Authority - It relied on D extraneous and irrelevant materials - 'Inconclusive state of investigation' cannot be basis for passing detention order against the detenu - Offence alleged were not

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