https://www.taxtmi.com/caselaws?id=42965 Non-placement of a detenu's retraction statement before the Detaining Authority, where it directly bore on the voluntariness of a confession recorded under Section 108 of the Customs Act, is treated as fatal to preventive detention. Once the sponsoring agency knew of the retraction, it had to place that vital document before the authority; failure to do so deprived the authority of relevant material for subjective satisfaction and impaired the detenu's right to make an effective representation under Article 22(5). The detention order was stated to be vitiated and unsustainable. en-us Tue, 21 Aug 1990 00:00:00 +0530 Tue, 15 Jun 2010 13:09:39 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=42965 Non-placement of a detenu's retraction statement before the Detaining Authority, where it directly bore on the voluntariness of a confession recorded under Section 108 of the Customs Act, is treated as fatal to preventive detention. Once the sponsoring agency knew of the retraction, it had to place that vital document before the authority; failure to do so deprived the authority of relevant material for subjective satisfaction and impaired the detenu's right to make an effective representation under Article 22(5). The detention order was stated to be vitiated and unsustainable. Case-Laws Customs Tue, 21 Aug 1990 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=42965