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1999 (9) TMI 832 - SC - CustomsWhether the statements of the occupants of the vessel recorded under section 108 of the Customs Act having formed the sole basis for the subjective satisfaction of the detaining authority for the order of detention and those very persons having retracted, non-consideration of the retraction, vitiates the order of detention itself? Held that:- Appeal dismissed. The High Court in the case in hand did not accept the aforesaid contention on the ground that there was no material before the detaining authority that there has been retraction of the statements made by those persons who had earlier been examined under section 108. We need not go into this question in the case in hand, inasmuch as by the date of issuance of the order of detention, those persons have made a further statement indicating that the original statements made by them under section 108 of the Customs Act were correct and not the retracted statements they had made and this fact was before the detaining authority when he issued the order of detention under section 3(1) of the COFEPOSA Act. This being the position, it is difficult for us to accept the contention of Mr. Kotwal that the satisfaction of the detaining authority gets vitiated for non-consideration of the relevant material. In our opinion, the aforesaid submission, in the facts and circumstances of the present case, is devoid of any force and accordingly reject the same.
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