https://www.taxtmi.com/caselaws?id=298763 A Magistrate's conditional order under Section 133 CrPC must be supported by the required inquiry and a meaningful hearing before it can stand as a final direction for nuisance removal. Here, the directions were issued without that inquiry and without effectively hearing the Customs Department, despite the ICD being a customs bonded area subject to statutory and regulatory controls. The Court held that issues involving hazardous cargo, disaster management requirements, and the practical feasibility of removal or regulation needed fuller factual examination, including possible local investigation and expert evidence. The impugned orders were therefore set aside as final directions and the matter was remitted for fresh inquiry and further lawful action. en-us Wed, 31 May 2017 00:00:00 +0530 Fri, 19 Nov 2021 09:17:05 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=298763 A Magistrate's conditional order under Section 133 CrPC must be supported by the required inquiry and a meaningful hearing before it can stand as a final direction for nuisance removal. Here, the directions were issued without that inquiry and without effectively hearing the Customs Department, despite the ICD being a customs bonded area subject to statutory and regulatory controls. The Court held that issues involving hazardous cargo, disaster management requirements, and the practical feasibility of removal or regulation needed fuller factual examination, including possible local investigation and expert evidence. The impugned orders were therefore set aside as final directions and the matter was remitted for fresh inquiry and further lawful action. Case-Laws Customs Wed, 31 May 2017 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=298763