ASHADEVI v. K. SHIVERAJ, ADDL. CHIEF SECRETARY TO THE GOVERNMENT OF GUJARAT & Anr.

In the instant case three facts were not communicated to or placed before the detaining authority before it passed the impugned order against the detenu viz., (i) during the interrogation, in spite of the request, neither the presence nor consultation of the. advocate was permitted, (ii) in spite of intimation to the advocate by the Customs Officers the detenu was not produced before the Magistrate at the appointed time and (iii) the confessional statements were squarely retracted by the detenu at the fitst availiable opportunity while he was in judicial custody. The first two had ~ bearing on the question v1:hether the confessional statements had been extorted under duress from the detenu or not. while the third was in relation to the confessional statements which formed the foundation of the impugned order and as such were vital facts having a bearing on the main issue before the detaining authority.