https://www.taxtmi.com/caselaws?id=763792 Delhi HC quashed preventive detention order for gold smuggling under Customs Act Sections 132, 135(1)(a) and 135(1)(b). Court held detention authority failed to apply mind when ordering detention while petitioner was already in judicial custody with no imminent possibility of release, as bail applications had been dismissed twice. Relying on Binod Singh v. District Magistrate, Dhanbad, court ruled preventive detention power should not be exercised when person is in custody without possibility of release. Detention order passed mechanically without due consideration, violating natural justice principles. Detention and confirmation orders set aside. en-us Mon, 23 Dec 2024 00:00:00 +0530 Fri, 27 Dec 2024 17:39:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=763792 Delhi HC quashed preventive detention order for gold smuggling under Customs Act Sections 132, 135(1)(a) and 135(1)(b). Court held detention authority failed to apply mind when ordering detention while petitioner was already in judicial custody with no imminent possibility of release, as bail applications had been dismissed twice. Relying on Binod Singh v. District Magistrate, Dhanbad, court ruled preventive detention power should not be exercised when person is in custody without possibility of release. Detention order passed mechanically without due consideration, violating natural justice principles. Detention and confirmation orders set aside. Case-Laws Customs Mon, 23 Dec 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=763792