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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.
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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