The detaining authority must consider retractions of confessional statements and be aware of all relevant facts and circumstances. Withholding relevant material by the sponsoring authority and denying the detenu access to such material violates the detenu's right to make a meaningful representation against the detention.

( 1 ) IN this petition for a writ of Habeas Corpus the petitioner calls in question the validity of her husband's detention u/s. 3 (1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. The detenu Sri. Subash Chandra D. Kini, has been taken into preventive custody in pursuance of an order dated 19th of August, 1994 issued by Sri. K. L. Varma, Joint Secretary to the Government of India, specially empowered u/s. 3 (1) of the Act aforesaid, in the following circumstances : the Officers of the Directorate of Revenue Intelligence Regional Unit, Mangalore, appear to have received reliable information that some goods meant to be exported by a Vessel by the name MC EL NIEL from New Mangalore Port on the Ist of February, 1994 would not conform to the declaration made in the Shipping Bills. Acting on this information the Officers of the D. R. I. boarded the vessel in question which was at that time ready to set sail after completion of all customs and port formalities. The master of the vessel upon demand made available the receipts in respect of 50 cartons of 80 Denniar polyster texturised yarn of M/s. Sheth International Bombay to A-1 Mutaiwie General Trading Dubai. These cartons were identified by the Captain of the ship which on examination were found to contain building bricks wrapped in coir with an estimated value of Rs. 250. 00 against a declared Bill value of Rs. 22,66,653. 00.

( 2 ) THE Officers of the D. R. I. seized the cartons under S. 110 of the Customs Act, 1962. An investigation started in the course where of the investigating team seized from M/s. G. Narayana Custom House Agent Mangalore, documents pertaining to the export of the material in question.

( 3 ) UPON verification of the material so collected as also the original copies of the shipping bills, and invoices filed with the customs it was noticed that the exporter M/s. Sheth International Sarvodaya Mills Compound Pardev Bombay, had purported to export to M/s. A1 Mutaiwie General Trading Dubai, U. A. E. , 38,117. 73 Kil. of 80 Denniar Texturised yarn with an estimated value of 72. 491. 68 U. S. Dollars, kept in 50 cartons as per shipping Bills Nos. 285, 288 all dated 29/01/1984. These goods were meant to be exported by way of fulfilment of the Export obligation incurred by M/s. Sheth International in connection with advance licence No. 0308911 dated 20/01/1992 held by it.

( 4 ) THE investigation further revealed that the illegal export was attempted by M/s. Sheth International Bombay using building Bricks in place of 80 Denniar Polyster texturised yarn said to be worth the amount indicated earlier with the assistance and connivance of a Mangalore based C and F and Customs House Agents through New Mangalore Port. In the course of investigation the Officers of the D. R. I. , appear to have interrogated Sri. Krishnand Shetty, of M/s. New Mangalore Clearing and Forwarding Agency, who confirmed the loading of the cartons in question on the ship and revealed the names of other persons said to be involved in the physical export of the bricks mis-declaring them as 80 Denniar Polyster texturised yarn. The persons named by the said Sri. Krishnand Shetty, included Sri M. Girdhar, Sri K. Ramdas Shenoy, Sri Pushparaj Shetty, and the detenu Sri. Subashchandra D. Kini. Consequently, Sri Venugopal of Sri. G. Narayana Customs House Agent Sri K. R. Shenoy, Sri P. M. Naik of Bombay, Sri. Madhusudhan Sheth, the proprietor of Sheth International and detenu were summoned and their statements recorded u/s. 108 of the Customs Act, 1962.

( 5 ) IN his statement recorded by the Asst. Director D. R. I. , Mangalore, the detenu is alleged to have confessed his involvement in the racket of exporting bricks by wrongly declaring them as value added export material for a payment which he had received besides some further amount which he expected to get upon completion of the nefarious venture. He is also alleged to have admitted his giving active assistance t

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