Preventive detention fails when relied upon documents are withheld, defeating the detenu's right to make an effective representation.

Preventive detention is vitiated where documents relied upon in the grounds of detention are not supplied to the detenu at the time of service, because this denies a real and effective opportunity to make a representation. The detention here was based on material under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, but the relied upon documents were furnished only later in instalments. That non-supply impaired the detenu's constitutional right of challenge and attracted the settled rule against withholding relied upon material. The detention order was void and continued detention could not be sustained; immediate release followed.

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Issues: Whether the detention order was vitiated because the documents relied upon were not supplied to the detenu along with the grounds of detention, thereby denying him an effective opportunity to make a representation.

Analysis: The detenu was detained under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. The relied upon documents were not furnished with the grounds of detention and were supplied only later in instalments. This deprived the detenu of a real and effective opportunity to challenge the detention. The omission attracted the settled rule that non-supply of relied upon material vitiates preventive detention when it impairs the right of representation.

Conclusion: The detention order was void and the continued detention could not be sustained; the detenu was entitled to immediate release.

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