<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>1978 (5) TMI 117 - Supreme Court</title>
    <link>https://www.taxtmi.com/caselaws?id=156456</link>
    <description>Preventive detention was held illegal where the detaining authority was not informed of material facts bearing on the voluntariness and retraction of the detenu&#039;s confession. The Supreme Court noted that refusal of counsel during interrogation, failure to produce the detenu before the Magistrate as indicated, and prompt retraction in judicial custody were directly relevant to the weight and reliability of the statements. Because these surrounding circumstances were withheld and not considered before the detention order was made, the authority&#039;s subjective satisfaction was vitiated by non-application of mind. The detention order was set aside.</description>
    <language>en-us</language>
    <pubDate>Mon, 29 May 1978 00:00:00 +0530</pubDate>
    <lastBuildDate>Tue, 04 Feb 2020 11:14:00 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=173483" rel="self" type="application/rss+xml"/>
    <item>
      <title>1978 (5) TMI 117 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=156456</link>
      <description>Preventive detention was held illegal where the detaining authority was not informed of material facts bearing on the voluntariness and retraction of the detenu&#039;s confession. The Supreme Court noted that refusal of counsel during interrogation, failure to produce the detenu before the Magistrate as indicated, and prompt retraction in judicial custody were directly relevant to the weight and reliability of the statements. Because these surrounding circumstances were withheld and not considered before the detention order was made, the authority&#039;s subjective satisfaction was vitiated by non-application of mind. The detention order was set aside.</description>
      <category>Case-Laws</category>
      <law>Indian Laws</law>
      <pubDate>Mon, 29 May 1978 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=156456</guid>
    </item>
  </channel>
</rss>