Preventive detention and disclosure of vital material: non-supply of a detenu's reply can vitiate subjective satisfaction.

In preventive detention under COFEPOSA, the detaining authority must be supplied with all materially relevant documents bearing on its subjective satisfaction before issuing the order. The detenu's reply to the Customs show cause notice was vital because it directly addressed the circumstances used to infer smuggling involvement, and its omission could affect the authority's decision one way or the other. Post facto reference to that reply in an affidavit did not cure the defect, and the failure also impaired the detenu's right to an effective representation under Article 22(5) of the Constitution. Non-consideration of such vital material renders the detention unsustainable.

---

---

Issues: Whether the detention order under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 was vitiated because the detaining authority was not supplied with the detenu's reply to the show cause notice issued under the Customs Act, 1962.

Analysis: The reply to the show cause notice was materially relevant because it directly met the circumstances on which the alleged smuggling involvement was inferred. Such reply could have affected the detaining authority's subjective satisfaction one way or the other, and therefore constituted vital material that had to be placed before the authority before the detention order was issued. Post facto consideration of the reply in an affidavit could not cure the failure to consider it at the relevant time. The omission also impaired the detenu's right to make an effective representation under Article 22(5) of the Constitution of India.

Conclusion: The detention order was vitiated and was liable to be quashed in favour of the petitioner.

Final Conclusion: The failure to place the detenu's reply before the detaining authority rendered the preventive detention unsustainable.

Ratio Decidendi: In preventive detention matters, all materially relevant documents bearing on the detaining authority's subjective satisfaction must be placed before it, and non-consideration of such vital material vitiates the detention order.

---