In Brief
This case concerns the validity of detention orders under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. The detenues challenged the delayed consideration of their representation for revocation of detention. The Court held that the Detaining Authority must consider such representations independently and promptly, without waiting for the Central Advisory Board's opinion. The failure to do so violated Article 22 of the Constitution. The Court found that complete inaction in considering the representation caused prejudice to the detenues and rendered their continued detention illegal. Accordingly, the Detention Orders were quashed and the detenues were directed to be released immediately unless required for other proceedings.
The lawyer headnote and full judgment text are available to registered users.