Preventive detention and Article 22(5): non-supply of vital relied-upon material vitiated the detention order.

Failure to supply or properly place before the detaining authority vital documents relied on or considered for preventive detention, including the representation, show cause notice, panchnama material and denied entry list, breached the detenu's right to make an effective representation under Article 22(5). Documents that were said to have influenced the subjective satisfaction but were neither reflected in the grounds nor furnished to the detenu could not be treated as immaterial. The detention order was therefore vitiated and quashed.

---

---

Issues: Whether the detention order was vitiated for non-placement, non-consideration and non-supply of vital documents and representations, resulting in breach of the detenu's right to make an effective representation under Article 22(5) of the Constitution of India.

Analysis: The detention was founded on material said to show smuggling activity within the meaning of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 and liability to confiscation under the Customs Act, 1962. However, the representation dated 12.12.2005, the show cause notice, material contained in the panchnama, the denied entry list relating to the importer-exporter code, and the writ petition mentioned among relied upon documents were either not supplied or not shown to have been properly placed as relied upon material. The Court held that documents which were stated to have been considered by the detaining authority, but were neither reflected in the grounds nor supplied to the detenu, were vital to an effective representation and could not be treated as immaterial.

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

Final Conclusion: Non-supply and non-placement of material that was germane to the subjective satisfaction and defence of the detenu infringed the constitutional safeguard under Article 22(5), warranting release from detention.

Ratio Decidendi: Where material relied upon or considered by the detaining authority is vital to the detenu's defence, failure to supply it or to reflect its consideration in the grounds of detention vitiates preventive detention for breach of Article 22(5).

---