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Bombay High Court Quashes Preventive Detention Orders Under COFEPOSA for Lack of Proximity and Non-Application of Mind. Detention orders set aside as the detenus were not directly involved in smuggling and the detaining authority failed to consider less drastic alternatives.

The Bombay High Court, by a judgment dated 24 January 2014, allowed two criminal writ petitions challenging preventive detention orders passed under S...

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High Court of Bombay at Goa Allows Customs Appeals in Gold Smuggling Case Due to Lack of Evidence and Procedural Violations. Confiscation of Gold and Imposition of Penalties Set Aside for Failure to Prove Smuggling Beyond Reasonable Doubt.

The case involves five appeals filed by Ciabro Alemao (through legal representatives), Joaquim Alemao, Churchill Alemao, Anthony John Rodrigues, and S...

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Bombay High Court Dismisses Petition Challenging Detention Under COFEPOSA Act for Smuggling of High Speed Diesel. Non-Supply of Bail Order Held Not Fatal to Detention Order as Detenu Was Aware of It.

The petitioner, brother of the detenu Samad Ismail Deshmukh, filed a writ of habeas corpus under Article 226 of the Constitution challenging the deten...

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Bombay High Court Quashes Detention Order Under COFEPOSA for Non-Application of Mind and Non-Supply of Documents. Detenu's Statement Under Section 108 of Customs Act Not Considered, Violating Article 22(5) of Constitution.

The petitioner, son of the detenu Vashdev Gobindram Adnani, challenged the detention order dated 3-11-2004 passed by the Principal Secretary to the Go...

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Bombay High Court Reviews Preventive Detention Under COFEPOSA Act for Alleged Smuggling of Red Sanders. Questions Raised Over Violation of Right to Equal Representation and Proper Subjective Satisfaction.

The petition was filed by the wife of the detenu Ajit Bapu Satam, challenging his preventive detention under the Conservation of Foreign Exchange and ...

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Bombay High Court Quashes Detention Order in COFEPOSA Case Due to Non-Application of Mind and Non-Supply of Documents. Nephew of detenu successfully challenged preventive detention order under Section 3(1) of COFEPOSA on grounds of procedural irregularities and lack of material evidence.

The petitioner, nephew of the detenu Salma Karolia, challenged a detention order dated 30th September 2014 issued under Section 3(1) of the Conservati...

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Supreme Court Allows Appeal in Customs Prosecution for Export of Antiquities — Prosecution Under Customs Act Not Barred by Antiquities and Art Treasures Act, 1972. Held that the Customs Act, 1962 applies alongside the Antiquities Act, and prosecution under Sections 132 and 135 is maintainable.

The appeal arose from a judgment of the Delhi High Court upholding the discharge of the respondent, Sharad Gandhi, from offences under Sections 132 an...