https://www.taxtmi.com/caselaws?id=190307 Non-placement of retractions of confessional statements before the detaining authority vitiates preventive detention where the detention order substantially rests on those statements. The article notes that statements recorded under section 108 of the Customs Act were relied on in the grounds of detention, but the detenu's written retraction and the co-noticee's retraction before the Magistrate were not supplied to the authority. Because retraction directly bears on voluntariness and subjective satisfaction, indirect references in a bail reply were insufficient. The non-placement of these vital facts was therefore treated as fatal to the detention order, which was quashed and the detenu ordered to be released unless required in another case. 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 Non-placement of retractions of confessional statements before the detaining authority vitiates preventive detention where the detention order substantially rests on those statements. The article notes that statements recorded under section 108 of the Customs Act were relied on in the grounds of detention, but the detenu's written retraction and the co-noticee's retraction before the Magistrate were not supplied to the authority. Because retraction directly bears on voluntariness and subjective satisfaction, indirect references in a bail reply were insufficient. The non-placement of these vital facts was therefore treated as fatal to the detention order, which was quashed and the detenu ordered to be released unless required in another case. Case-Laws FEMA Wed, 16 Mar 2011 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=190307