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Writ of Habeas corpus is issued quashing the detention order dated 27 August, 2010 and the confirmation order dated 18 February, 2013. On 14.06.2010, the detenu (Manish Jalhotra) was arrested and he is said to have made a voluntary statement under “I have been falsely implicated in this case. In Laxman Das Jalhotra referring to the retraction which was made by Lokesk Garg and Manish Jalhotra in the letter and/or the bail application, the Division Bench has held as under:-“Lokesh Garg was arrested on 09.03.2010 and he is said to have made a statement under 5.

With regard to the retraction of the detenu on 15.06.2010, it has been stated in the counter affidavit that the written retraction is not addressed to anyone, it is undated and a copy has not been endorsed to the customs department. 1565/10 Page 5 of 12 such inference can be drawn inasmuch as there is no reference to the retraction in the grounds of detention.”14.

At this stage, we may record that Mr. Jatan Singh, Standing Counsel for Union of India, has stated that the counter affidavit filed to the original writ petition may be treated as the counter affidavit filed to the amended writ petition.4. Unlike the statement of Asheesh Chawla in that case, in the present case the statements of Lokesh Garg and the detenu (Manish Jalhotra) are the mainstays of the detention order. Therefore, as per the counter affidavit, the detaining authority was aware of the retraction.

54 likes. Thus they were not considered.10. 0000005630 00000 n It is also admitted that the bail application dated 15.06.2010, which contained the retraction, was not placed before the detaining authority. 0000048332 00000 n Lokesh Garg was placed before the detaining authority. In the light of these decisions, it is clear that as the detaining authority had placed great reliance on the statements of 09.03.2010 and 14.06.2010, it was obligatory upon the sponsoring authority to place the retractions of these statements before the detaining authority.

The petitioner before us has raised several grounds.

I was intimidated coerced to make false and involuntary statement which has dictated to me and same are contrary to the documents and record. Learned counsel for the respondent has submitted that in the case of Laxman Das Jalthora (supra), bail application and the retraction statement of the detenu Manish Jalhotra were not placed before the detaining authority but in the present case the bail application of the present detenuee i.e Lokesh Garg was placed before the detaining authority. These materials were in addition to the statements and confessions made by the detenus under 27.

The legal effect thereof and the negative legal consequences thereupon are identical.

9 in the list of relied upon documents. Lokesh Garg had earlier filed Writ Petition (Criminal) No. xref Jatan Singh, CGSC & Mr. Soayib Qureshi, Advocate for UOI.Mr. Most of the retractions were made to DRI, and it belongs to the same department as the sponsoring authority, who is the Additional Director, Revenue Intelligence.

Had the retractions of the persons who made these confessions also been placed before the detaining authority it is possible that the detaining authority may not have passed the impugned detention order. Indeed, Inc 7501 N. Capital of Texas H. Building B Austin, Texas 78731 Phone : 203-653-4930 Url : indeed.com Payal Garg Manual Posting 22 23 Indeed.com N 4 24 Internal Promotion N 7 25 Job Fair N 2 26 Job/Bulletin Board N 4 N 0 Jobspider.com 3000 Stanton Cir Carmichael, California 95608 In Vinod K. Chawla (supra), the retraction in question was that of the detenu's son Mr. Asheesh Chawla. Writ of Habeas corpus is issued quashing the detention order dated 27 August, 2010 and the confirmation order dated 18 February, 2013. Therefore, as per the counter affidavit, the detaining authority was aware of the retraction. The Court also observed that the law does not require that every document or material in the possession of the sponsoring authority must necessarily be placed before the detaining authority. Payal Garg. I therefore retract my statement dated 9th March 2010 as being involuntary and pray that same may kindly be not used against me. Jatan Singh, CGSC & Mr. Soayib Qureshi, Advocate for UOI.Payal Garg, wife of the detenu Lokesh Garg, has filed the present writ petition under 2. Payal Garg. There is no distinguishing feature which compels us to take a different view. We have considered the said contention raised by the respondents but are unable to agree and accept the defence. Paragraph 12 of the ground of detention refers to the proceedings in the Court of ACMM, Patiala House, and reference has been made to the bail application filed by Lokesh Garg and the reply filed.

A perusal of the ground of detention would show that the statement of Lokesh Garg dated 9 March, 2010 forms the edifice and corner stone of the detention order. In these circumstances we do not think that the decisions of this court in Prakash Chandra Mehta v. Commissioner and Secretary, Govt.

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