JUDGMENT

S.B. Sinha, J.-Whether representation made by the detenu or on his behalf is required to be considered by all the authorities is the sole question involved in this appeal which arises out of a judgment and order dated 19.12.1995 passed by a Division Bench of the Calcutta High Court in Criminal Miscellaneous Case No. 5039 of 1995.

2. The husband of the first respondent herein was arrested on 17.6.1995 on the charge of having grossly undervalued imported Floppy Disk Drives whereby customs duty to the extent of Rs. 21.53 lakhs was evaded. During investigation of the said case, the detenu made a confessional statement before the Customs Officer but on being produced before the Chief Metropolitan Magistrate, Calcutta, he retracted therefrom. He was granted bail in the aforementioned case.

3. The first respondent herein thereafter filed a writ application before the Calcutta High Court for quashing the statement allegedly obtained from her husband by the Customs Officer.

4. He was thereafter detained under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, (hereinafter referred to as the COFEPOSA , for the sake of brevity). The said ord