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Issues involved: Validity of detention order under Section 3(1) of COFEPOSA Act based on possession of gold biscuits and alleged confessional statement extracted under duress.
Summary: The Supreme Court granted special leave and heard arguments regarding the detention order under Section 3(1) of the COFEPOSA Act. The detenu was found in possession of 13 gold biscuits and allegedly made a confessional statement about purchasing them in Calcutta for transportation and sale. The confessional statement was retracted upon production before the Magistrate, but this retraction was not considered by the detaining authority. The High Court upheld the detention order based on the possession of the gold biscuits as an alternative ground. However, the Supreme Court observed that the failure to present the retraction before the detaining authority rendered the detention order invalid as it was a crucial aspect in forming the subjective satisfaction for detention. The Court distinguished previous cases and emphasized that the non-placement of the retraction before the detaining authority was fundamental to the validity of the detention order. Additionally, considering the detenu had already been detained for over eight months out of a one-year detention period, the Court deemed it appropriate to quash the detention order and direct the detenu's immediate release, subject to not being wanted by any other order. Consequently, the appeal was allowed, and the detention order was quashed.
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