Indian Kanoon - Search engine for Indian Law

considering the modus operandi adopted by the detenu, mere suspension of IEC of some of the firms/company of the detenu cannot be treated as absolute denial to the detenu from indulging such prejudicial activities in future and accordingly it has no bearing on the issue of the detention order by the detaining authority.

11. Counsel submits that importance of IEC in terms of Chapter 2.12 of the General Provisions regarding Imports and Exports under the Foreign Trade Policy 2004-09 is that "no export or import shall be made by any person without an Importer-Exporter Code (IEC) Number. Since the IEC number allotted to the detenu's three firms had been cancelled by the licensing authority, the detenu could not import or export any goods. Therefore, the said order of suspension was a very vital and relevant document. Counsel also submits that copies of the documents comprising of ten thousand pages in 115 files were seized vide panchnama dated 30.8.2005 including Bank Guarantees, Corporate Guarantees and Bonds executed by the detenu and/or his firms securing the entire amount of customs duty saved while importing the vehicles in question, which are still alive. These documents being vital have not been placed before the detaining authority, nor copies thereof been supplied to the detenu, although the detaining authority categorically admits as under: