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Issues: (i) Whether, for the purpose of Section 3(3) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, the day of detention is to be excluded while computing the five-day period for communicating the grounds of detention; (ii) whether representations addressed to the Advisory Board had to be transmitted to the Central Government under Article 22(5) of the Constitution of India read with Section 11 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974; (iii) whether the detention was vitiated by the supply of documents and the alleged consideration of irrelevant material; and (iv) whether there was such delay in disposal of the representation as to vitiate the detention.
Issue (i): Whether, for the purpose of Section 3(3) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, the day of detention is to be excluded while computing the five-day period for communicating the grounds of detention.
Analysis: The statutory language fixes the period from the date of detention, and the settled rule of computation of time excludes the first day where time runs from a specified date. The provision mirrors the principle reflected in Section 9 of the General Clauses Act, 1897, and the phrase
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