COFEPOSA representation cannot be rejected for non-submission to detention; fresh consideration on merits was directed.

A representation under Section 11 of COFEPOSA could not be rejected on the ground that the detenu had first to submit to the detention order. The rejecting authority treated submission to detention as a prerequisite, which conflicted with the earlier direction that the representation be considered even before execution of the order. That impermissible basis rendered the rejection unsustainable. In light of the change in law and later decisions referred to in the judgment, the representation required reconsideration on its merits, and the rejection order dated 24.04.2007 was set aside with a direction for fresh consideration by the detaining authority.

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Issues: Whether the rejection of the petitioner's representation under Section 11 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 was unsustainable because it was based on the ground that the detenu had not submitted to the detention order, and whether the representation required fresh consideration.

Analysis: The representation had been directed to be considered even before execution of the detention order. The rejecting memorandum showed that the authority treated submission to the detention order as a prerequisite for consideration of the representation, which was contrary to the earlier judicial direction. The rejection therefore rested on an impermissible ground. In view of the change in law and later decisions referred to in the judgment, the matter required reconsideration on the merits of the representation.

Conclusion: The rejection order dated 24.04.2007 was set aside and the detaining authority was directed to reconsider the representation afresh.

Ratio Decidendi: A representation under Section 11 of COFEPOSA cannot be rejected on the ground that the detenu has not first submitted to the detention order, and if such an impermissible ground is adopted, the rejection is liable to be set aside and reconsideration directed.

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