https://www.taxtmi.com/caselaws?id=397287 Preventive detention under conservation and anti-smuggling law was examined on three grounds: delay, procedural fairness, and application of mind. The Court held that delay does not invalidate detention unless it is unexplained and breaks the live link with prejudicial activity; the record showed a continuing smuggling network and ongoing investigation. It further held that the constitutional right to make an effective representation was not violated because the relied-upon material had been supplied and the alleged delay in dealing with representations was not fatal on the facts. The Court also found no non-application of mind, as the authority considered retracted statements together with corroborative material and gave reasons for rejecting the retractions. en-us Tue, 21 Jul 2020 00:00:00 +0530 Thu, 13 Aug 2020 09:37:58 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=397287 Preventive detention under conservation and anti-smuggling law was examined on three grounds: delay, procedural fairness, and application of mind. The Court held that delay does not invalidate detention unless it is unexplained and breaks the live link with prejudicial activity; the record showed a continuing smuggling network and ongoing investigation. It further held that the constitutional right to make an effective representation was not violated because the relied-upon material had been supplied and the alleged delay in dealing with representations was not fatal on the facts. The Court also found no non-application of mind, as the authority considered retracted statements together with corroborative material and gave reasons for rejecting the retractions. Case-Laws Customs Tue, 21 Jul 2020 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=397287