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TMI Blog1982 (9) TMI 237X X X X Extracts X X X X X X X X Extracts X X X X ..... her packages carried by him. The reply led to the inspection of the baggages which led to the recovery of watch parts weighing 4 1/2 kgs. in eight packages. This led to a further enquiry, and evaluation of the watch parts led to the conclusion that the value was ₹ 3,91,200 c.i.f. Ultimately, the Government of Maharashtra, on December 16, 1981, made an order of detention with a view to preventing the detenu from smuggling goods, in exercise of the power conferred by sub-section (1) of Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. On the same day, he was furnished grounds of detention which inter alia refereed to the smuggling of the watch parts and two wrist-watches. 2. Detenu fi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . The counter-affidavit before the High Court disclosed that the detaining authority did not know that an application for permission to leave India was filed by the detenu and the decision of the Chief Judicial Magistrate was likely to be pronounced on December 16, 1981, the day on which the detention order was made. After taking note of this fact, the High Court rejected the contention. On the third contention, the court was of the opinion that there is nothing to show that there was no consideration of material documents and rejected the same. Ultimately, the High Court rejected the petition of the detenu. 4. The detenu filed a petition for special leave against the judgment of the High Court as also a writ petition under Article 32 of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... revealed by the report of Senior Psychiatrist, Dr. P.N. Vyavhare, Senior Psychiatrist of Central Mental Hospital, Yervada and in view of this report, continued detention of the detenu is likely to inflict irreparable harm and, therefore, also the detention on the ground of humanitarian consideration requires to be terminated. 6. We shall examine these grounds seriatim. 7. The first contention is that the representation made by the detenu was not considered by the detaining authority though it is obligatory under Article 22(5) for the detaining authority to consider the representation of detenu. Frankly speaking, this contention in the form in which it is canvassed before us has not been taken even in the writ petition filed in this C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd in any event the same was not forwarded to the Advisory Board and, therefore, the detention order is vitiated. In para 11 of the writ petition it is alleged that the detenu retracted his confessional statement by his letter dated December 16/19, 1981 forwarded through the Jail authorities addressed to the Assistant Collector of Customs, Bombay. In the counter-affidavit it is stated that the letter retracting the confessional statement was not before the detaining authority when the order of detention was issued and the facts of the case it could not be there because the order of detention is dated December 16, 1981, and the letter appears not to have reached the Customs authorities before December 19, 1981. The detaining authority could ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d person and it is unthinkable that he would not have informed the Advisory Board that he had retracted his confessional statement. Therefore, nothing turns on the letter retracting the confessional statement being not placed before the Advisory Board and the contention must be negatived. 10. The last contention is that by the continued detention the detenu has suffered mental disorder as revealed by the report of the Senior Psychiatrist Dr. P.N. Vyavhare of the Central Mental Hospital, Yervada, Pune. Report of Dr. Vyavhare is annexed to the additional affidavit filed on behalf of the detenu. This report did give us some anxious moments. Therefore, when we heard this petition on August 20/21, 1982, an order was made by us directing the J ..... X X X X Extracts X X X X X X X X Extracts X X X X
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