TMI Blog1996 (10) TMI 493X X X X Extracts X X X X X X X X Extracts X X X X ..... ne single point, namely, that the factum of retraction of the confessional statement had not been brought to the notice of the detaining authority which went to vitiate the entire detention order. It appears from the facts that after the detenu was apprehended his statements were recorded on 6-4-1994 and 7-4-1994 under the provisions of the Foreign Exchange Regulation Act, 1973. It further transpi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a single ground. The case directly on the point is the one reported in K. Satyanarayan Subudhi v. Union of India, 1991 Supp (2) SCC 153. That was a case in which the detenu was found in possession of 13 pieces of gold biscuits and was alleged to have made a confessional statement that he had purchased them in Calcutta in order to transport them to his place at Cuttack for sale. This confessional ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ies on all fours so far as the present case is concerned as the facts are almost identical. 5. In the result, we allow this appeal, set aside the order of detention and quash it. However, since the detenu has been released after the detention period was over, our quashing of the detention order may appear to be academic but may become relevant if any proceeding under SA FEMA or allied law is in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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