https://www.taxtmi.com/caselaws?id=182620 Non-placement before the Detaining Authority of a detenu's second handwritten retraction, made after a Section 108 Customs Act statement, vitiated the preventive detention order for non-application of mind. The second retraction was a vital document bearing directly on the subjective satisfaction required for detention, and all material available to the sponsoring authority had to be placed before the Detaining Authority for independent assessment. The omission was held incurable by a later claim that the same conclusion would have been reached even if the document had been considered, and the writ petition succeeded. en-us Tue, 11 Nov 2003 00:00:00 +0530 Mon, 16 May 2016 11:37:45 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=182620 Non-placement before the Detaining Authority of a detenu's second handwritten retraction, made after a Section 108 Customs Act statement, vitiated the preventive detention order for non-application of mind. The second retraction was a vital document bearing directly on the subjective satisfaction required for detention, and all material available to the sponsoring authority had to be placed before the Detaining Authority for independent assessment. The omission was held incurable by a later claim that the same conclusion would have been reached even if the document had been considered, and the writ petition succeeded. Case-Laws Customs Tue, 11 Nov 2003 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=182620