2007 (4) TMI 369

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....pellant. In the writ petition challenge was to the order of detention dated 27-8-1998 passed under section 3(1) of the Conservation of Foreign Exchange & Prevention of Smuggling Activities Act, 1974 (in short the 'COFEPOSA') in respect of one Bherchand Tikaji Bora alias Bharat alias Bhermal alias Dimple alias Dhayabhai (hereinafter referred to as the 'detenu'). 3. The appellant had filed the writ petition challenging the detention of his brother-Bherchand Tikaji Bora the 'detenu'. 4. Though several grounds were urged in support of the writ petition at the time of hearing only two grounds were urged. Firstly (a) with reference to the facts given in grounds of challenge 1(a) to 1(f) it was argued that when the detenu was exonerated full....

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....e, not in a position to make an effective representation. The detention order had also been challenged on the ground that the confessional statement of the detenu was retracted subsequently on 15-7-1994 and hence original confession allegedly made on 13-7-1994 could not have been used. 8. Learned counsel for the respondent on the other hand submitted that not only the original statement but the so-called retraction was duly taken note of by the detaining authority. The said Authority referred to the retraction and after its consideration felt that order of detention was necessary. 9. At this juncture it would be appropriate to take note of what was stated by this Court in Sadhu Roy v. State of West Bengal [1975] 1 SCC 660. In that cas....

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....y urged was that new ground which exists should be taken into consideration. It is stated that though period of detention may be over in order to avoid civil liability that may be permitted to be urged. Specific reference in this regards is made to Annexures P-10 to P-14 which are stated to be vital and material documents. Two of them are the original statement of confession and the subsequent retraction and the show-cause notice dated 3-7-1995 issued to the detenu by dispensing authority and replies dated 18-12-1995 and 17-1-1996 filed by the detenu stating that he was not 'Dimple'. 13. Though there can be no quarrel with the preposition that in some cases new grounds can be permitted to be urged but the factual background here is diffe....