https://www.taxtmi.com/caselaws?id=754662 The Madras HC allowed a habeas corpus petition challenging detention for gold smuggling from Sri Lanka. The court found the detention order was served belatedly and contained defective translation. A seven-day delay by the detaining authority in forwarding the petitioner's representation to the sponsoring authority was inadequately explained, with respondents citing translation requirements and holidays. The HC held that unexplained delays in disposing representations breach constitutional imperatives, rendering continued detention illegal. The court emphasized that procedural safeguards in preventive detention cases must be strictly observed to balance executive powers, and set aside the detention order for denial of constitutional guarantees. en-us Fri, 14 Jun 2024 00:00:00 +0530 Thu, 27 Jun 2024 13:15:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=754662 The Madras HC allowed a habeas corpus petition challenging detention for gold smuggling from Sri Lanka. The court found the detention order was served belatedly and contained defective translation. A seven-day delay by the detaining authority in forwarding the petitioner's representation to the sponsoring authority was inadequately explained, with respondents citing translation requirements and holidays. The HC held that unexplained delays in disposing representations breach constitutional imperatives, rendering continued detention illegal. The court emphasized that procedural safeguards in preventive detention cases must be strictly observed to balance executive powers, and set aside the detention order for denial of constitutional guarantees. Case-Laws Customs Fri, 14 Jun 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=754662