2017 (2) TMI 1057 - SC - Customs

Detention order quashed after 10 years due to lack of evidence, petitioner exonerated

The Court set aside the detention order dated 11th August, 2005, as improper and unjustified after considering the Settlement Commission's findings ... Detention order - Held that: - even on the basis of preponderance of probability the allegation of import of Ball Bearings in the guise of Borax Decahydrate in the past consignments is not established and that all allegations leveled against Shri Pradeep Ambre are baseless and unfounded - the detention order dated 11th August, 2005, was even otherwise improper and unjustified in view of the factual position - petition allowed - decided in favor of petitioner. Issues involved:Challenge to detention order dated 11th August, 2005.Analysis:The petitioner challenged the detention order prior to arrest by filing a writ petition in 2006. An interim order was passed on 7th March, 2007, restraining the state from executing the detention order. The petitioner was never arrested following this order, and the writ petition remained pending for over 10 years. During this period, there was no evidence of the petitioner engaging in any unlawful activities. Consequently, the justification for sustaining the detention order was questioned.The Settlement Commission, Mumbai, exonerated the petitioner from any involvement through an order dated 14th November, 2006. The Commission's findings indicated that the allegations against the petitioner were baseless and unfounded. The Court, after considering the Settlement Commission's conclusions, deemed the detention order of 11th August, 2005, as improper and unjustified. Therefore, the Court set aside the detention order and disposed of the writ petition accordingly.