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2005 (11) TMI 465 - SC - CustomsVoluntary statement - whether for non-consideration of the relevant document the order of detention is vitiated? Held that:- It is not disputed that the letter addressed to the Superintendent of Customs (Air), Customs House, Chennai was, in fact, delivered on 7.1.2004 as is apparent from the seal on the receipt and as admitted in the counter affidavit by the State of Tamil Nadu. There is no reason why it should not have been placed before the detaining authority for his consideration. It has not been disputed that the said letter of retraction contained relevant material, which ought to have been considered by the detaining authority before passing an order of detention. Since relevant material was withheld from the detaining authority, the order of detention must be struck down as being illegal. We accordingly, quash the order of detention. We should not be understood to have laid down a broad proposition to the effect that a letter addressed to any officer of any Department of the Government would amount to service thereof on the State. It depends on the facts and circumstances of each case. In the facts of this case, we have found that the detenu addressed the letter of retraction to a responsible officer of the Department of Customs and in the circumstances he had no choice in the matter, as he could not anticipate that an order of detention may be passed and therefore, the letter should be addressed to the sponsoring authority. This appeal is, accordingly, allowed.
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