Preventive detention representation must be considered by the Central Government; unexplained delay can invalidate the detention.

A representation against a preventive detention order must be considered by the Central Government where the statute empowers it to revoke or modify the State order. Failure to consider the representation, or unexplained and inordinate delay in doing so, defeats the statutory discretion and violates the constitutional safeguard under Article 22(5). On that basis, the detention was held unconstitutional and void, and release of the detenu followed.

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Issues: Whether the Central Government's failure to consider the detenu's representation under preventive detention law vitiated the detention order.

Analysis: A representation addressed to the Central Government against an order of detention under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act had been received but was not considered. Since Section 11(1) of the Act empowered the Central Government to revoke or modify a State detention order, the representation had to be considered so that the statutory discretion could be exercised. An unexplained or inordinate delay in considering such a representation amounted to denial of the constitutional safeguard under Article 22(5).

Conclusion: The failure to consider the representation rendered the detention unconstitutional and void, and the petitioner was entitled to release of the detenu.

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