https://www.taxtmi.com/caselaws?id=190307 Retractions of confessional statements relied on for preventive detention must be placed before the detaining authority because they directly affect voluntariness and the authority's subjective satisfaction. Statements recorded under the Customs Act formed the substantial basis of the detention order, while the co-noticee's retraction before a Magistrate and the detenu's written retraction, reiterated in a bail application, were withheld. Indirect references in a bail reply cannot replace the direct retractions. Non-placement of this vital material deprives the authority of an informed basis for detention and vitiates the detention order, requiring its quashing and release unless detention is required in another matter. en-us Wed, 16 Mar 2011 00:00:00 +0530 Sat, 11 Feb 2017 11:00:15 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=190307 Retractions of confessional statements relied on for preventive detention must be placed before the detaining authority because they directly affect voluntariness and the authority's subjective satisfaction. Statements recorded under the Customs Act formed the substantial basis of the detention order, while the co-noticee's retraction before a Magistrate and the detenu's written retraction, reiterated in a bail application, were withheld. Indirect references in a bail reply cannot replace the direct retractions. Non-placement of this vital material deprives the authority of an informed basis for detention and vitiates the detention order, requiring its quashing and release unless detention is required in another matter. Case-Laws FEMA Wed, 16 Mar 2011 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=190307