KAILASHO Vs. UNION OF INDIA

JUDGEMENT

(1.) The impugned order in the present petition was passed on 5th March, 1988 with a view to preventing the petitioner from engaging in transporting smuggled goods. The grounds of detention of the same date served on the petitioner Smt. Kailasho while she was in judicial custody in the Central Jail. Amritsar rely on the statement made by her on the 4th February, 1988, wherein it is alleged that she had admitted her guilt. That statement was recorded under Section 108 of the Customs Act, 1962.

(2.) The further reliance in the grounds is on the inculpatory statement made by her co-detenu Narinder Kumar, which statement was also recorded on 4th February, 1988.

(3.) It is averred in paragraph 4 of the petition that Narinder Kumar, the co-detenu retracted his statement by writing a complaint to the Chairman, Customs and Central Excise, Government of India on 10th February, 1988. The copies of this complaint were sent to the Secretary, Ministry of Finance, Government of India, New Delhi and Collector of Customs and Central Excise, Chandigarh, the sponsoring authority. The plea urged by the petitioner in Ground 'C' of the petition is that the retraction statement of Narinder Kumar being a very material document, which was capable of influencing the subjective satisfaction of the detaining authority one way or the other, not having been placed before him, the' detention is vitiated.