Research › Browse › Judgment

Supreme Court of India · body

2004 DIGILAW 1710 (SC)

RAKESH KUMAR MIGLANI v. UNION OF INDIA

2004-12-03

K.G.BALAKRISHNAN, TARUN CHATTERJEE

body2004
ORDER 1. Leave granted. 2. Heard learned counsel for the parties. 3. The appellant was intercepted by the Special Cell, Delhi Police, Ashok. Vihar, New Delhi, and he was found to have handed over Rs 4 lakhs to Zafar Umar Khan and some other materials were also recovered from him. It appears that the appellant made a confession before the officers of the Enforcement Directorate and later he retracted from that confession. The appellant raised a contention that the retraction was not brought to the notice of the detaining authority and this fact is denied by the respondent. This Court in K. Satyanarayan Subudhi v. Union of India1 and A. Sowkath Ali v. Union of India2 held that if the confession was retracted and the same was not placed before the detaining authority, that is a valid ground to set aside the detention order. The respondent authority should have placed all documents and relevant facts to the notice of the detaining authority and failure to do so would vitiate the detention order. Hence, we set aside the detention order and the appellant is directed to be released forthwith; if not required in any other matter. 4. The appeal is disposed of accordingly.