Revocation representation for preventive detention must be promptly considered; failure to forward it vitiates continued detention.

A detention order under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 is vitiated where a properly addressed representation seeking revocation is not forwarded to, or considered by, the Central Government. The statutory power to revoke detention under Section 11 carries a corresponding duty to deal with a revocation request promptly and apply mind to whether the order should be revoked or rejected. Failure to forward and decide the representation for a substantial period amounts to non-compliance with the prescribed procedure, so continued detention is not in accordance with law.

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Issues: Whether a detention order under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 is vitiated when a properly addressed representation seeking revocation by the Central Government is not forwarded or considered.

Analysis: A representation expressly praying for revocation by the Central Government was made under the power of revocation under Section 11 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. The statutory power to revoke a detention order at any time carries with it the corresponding obligation that such a representation be dealt with promptly. Where a properly addressed revocation petition is not forwarded to the Central Government and remains unattended for a substantial period, the Government fails in its statutory duty to apply its mind and decide whether to revoke or reject the request. In such circumstances, continued detention cannot be regarded as being in accordance with the prescribed procedure.

Conclusion: The non-forwarding and non-consideration of the revocation representation vitiated the continued detention, and the petition was allowed.

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