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Issues: (i) Whether the delay in serving the detention order and in taking action against the detenu under the preventive detention statute vitiated the detention; (ii) Whether the delay in considering the detenu's representation violated Article 22(5) of the Constitution of India; (iii) Whether the material before the detaining authority justified detention on the ground that the detenu's activities were prejudicial to the augmentation of foreign exchange.
Issue (i): Whether the delay in serving the detention order and in taking action against the detenu under the preventive detention statute vitiated the detention.
Analysis: Mere lapse of time in execution of a detention order does not by itself invalidate detention. The relevant enquiry is whether the authorities have furnished a satisfactory explanation and whether the live link between the detenu's activities and the purpose of detention has snapped. The record showed that the order was first sent to the detenu's ordinary residence, that efforts were made to execute it in Kerala and then in Mumbai, and that action under the preventive detention statute was taken when the detenu was not traceable. The materials also showed that the detenu had been absconding and had not disclosed any reliable whereabouts, so the delay was adequately explained.
Conclusion: The delay did not vitiate the detention order and the challenge on this ground failed.
Issue (ii): Whether the delay in considering the detenu's representation violated Article 22(5) of the Constitution of India.
Analysis: A representation against preventive detention must be considered within a reasonable time, and any unexplained delay can be fatal. Here, the response time was accounted for by the calling of comments, intervening holidays and non-working days, and the movement of the relevant files between authorities. There was no material to show that the State Government acted mechanically or that the decision was influenced by another authority's view. On the facts, the representation was disposed of within a reasonable time.
Conclusion: There was no fatal delay in considering the representation and the challenge on this ground failed.
Issue (iii): Whether the material before the detaining authority justified detention on the ground that the detenu's activities were prejudicial to the augmentation of foreign exchange.
Analysis: The detenu was found carrying foreign currency and travellers' cheques without declaration or satisfactory explanation for possession, and the detaining authority treated the conduct as an attempt to take foreign exchange out of the country in violation of the regulatory framework. On that material, the subjective satisfaction of the detaining authority could not be said to be without application of mind. The contention that the conduct concerned only smuggling and not foreign exchange augmentation was rejected.
Conclusion: The detention was supported by relevant material and this ground also failed.
Final Conclusion: The detention order was upheld and the writ petition was dismissed.
Ratio Decidendi: Preventive detention will not be invalidated for delay if the authorities furnish a satisfactory explanation and the detenu's conduct shows continued non-availability, and a detention based on relevant material showing prejudicial impact on foreign exchange will not be interfered with unless the subjective satisfaction is shown to be perverse or unsupported by material.
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