https://www.taxtmi.com/caselaws?id=72909 An uncommenced constitutional amendment under the Forty-Fourth Amendment could not be treated as operative, so the Advisory Board under the existing preventive detention framework remained valid and no mandamus could compel commencement. Section 108 of the Customs Act was upheld because it only authorised customs inquiry by summons and did not itself create unconstitutional custody or coercive detention; statements recorded under it did not invalidate detention merely on that basis. The factual objections concerning alleged prolonged interrogation, identification procedure, non-supply of photographs and forensic material, and an earlier restraint order were also rejected for want of proof of prejudice or illegality, and the detention orders were sustained. en-us Fri, 15 Feb 1985 00:00:00 +0530 Thu, 18 Aug 2011 16:32:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=72909 An uncommenced constitutional amendment under the Forty-Fourth Amendment could not be treated as operative, so the Advisory Board under the existing preventive detention framework remained valid and no mandamus could compel commencement. Section 108 of the Customs Act was upheld because it only authorised customs inquiry by summons and did not itself create unconstitutional custody or coercive detention; statements recorded under it did not invalidate detention merely on that basis. The factual objections concerning alleged prolonged interrogation, identification procedure, non-supply of photographs and forensic material, and an earlier restraint order were also rejected for want of proof of prejudice or illegality, and the detention orders were sustained. Case-Laws Customs Fri, 15 Feb 1985 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=72909