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2016 (3) TMI 1426 - KERALA HIGH COURTValidity of detention order - Smuggling - Gold - dutiable/contraband goods - profit sharing statements found from examination of laptop - HELD THAT:- There was compliance of the requirement of Article 22(5) of the Constitution of India and Section 3(3) of the COFEPOSA Act, since the compact discs were supplied to the detenu on the date of his arrest and they were played in front of him within a period of fifteen days. There are no substance in the contention raised by the petitioner that the laptop as such should have been produced by the sponsoring authority before the detaining authority and that the subjective satisfaction arrived at by the detaining authority without perusing the entire contents in the laptop is vitiated. The laptop in question may contain several details unconnected with the case. The sponsoring authority has no duty to produce irrelevant materials before the detaining authority. The detaining authority is not required to refer to or rely upon irrelevant materials. Sometimes certain facts or materials may have to be referred to by the detaining authority - The requirement of Article 22(5) of the Constitution of India and Section 3(3) of the COFEPOSA Act would be satisfied if copies of the relied upon documents are furnished to the detenu. All the contents in the laptop were not produced by the sponsoring authority before the detaining authority since they were not necessary. The Court cannot sit in judgment over the discretion exercised by the sponsoring authority in respect of the same. It is stated in the grounds of detention that the laptop was seized from the possession of the petitioner. Section 138C of the Customs Act is in Chapter XVI under the heading 'offences and prosecutions' - In the present case, the document in question, namely Ext. P5, was made available before the detaining authority by the sponsoring authority. The proceeding before the detaining authority is not a proceeding under the Customs Act. The proceeding before the detaining authority is a proceeding under the COFEPOSA Act. Therefore, neither Section 65B of the Evidence Act nor Sections 138C of the Customs Act would be applicable to the proceedings before the detaining authority for the purpose of arriving at the subjective satisfaction and in passing an order of detention. There are no ground to hold that the order of detention against the petitioner is vitiated or the continued detention of the petitioner is illegal - petition dismissed.
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