Preventive Detention

Subjective satisfaction of Detaining Authority

— Documents to be placed before detaining authority — Non-furnishing of statement of detenu's son retracting his earlier statement — Effect — Grounds of detention mentioning that Directorate of Revenue Intelligence had received information that appellant detenu was indulging in evasion of customs duty by importing goods at grossly underinvoiced prices and by circumventing Export and Import Policy and remitting payments for the same through illegal channels — Detention order showing that detaining authority placed reliance on statements of detenu himself making certain admissions and on documents and materials recovered from the premises and godowns owned by detenu — Only a passing reference made to the statement made by detenu's son before DRI that for the last one year prior to recording of his statement, he had been placing his orders with overseas supplier though previously orders had been placed by detenu himself — But statement of detenu's son before ACMM by which he subsequently retracted from his statement not placed before detaining authority by sponsoring authority — Held, retraction made by detenu's son had not affected opinion of detaining authority regarding detention of detenu and hence order of detention cannot be illegal merely because of non-placement of the statement of retraction before detaining authority, (2006) 7 SCC 337-A

Preventive Detention

Representation to appropriate authority/ Govt.

— Delay in disposal of representation — Explanation — If proper and acceptable, continued detention would not be rendered illegal merely because of delay — Factors relevant for deciding whether the delay vitiated the detention — On facts, held, delay fully explained and hence detention order valid, (2006) 7 SCC 337-B

Preventive Detention

Detention order

— Delay in execution of the order — Detenu evading arrest and absconding — Best possible efforts made by authorities to serve the order — In view of detenu's own act of evading the arrest, delay in execution of the order did not render the detention order invalid, (2006) 7 SCC 337-C