Preventive detention upheld where subjective satisfaction was based on relevant material and Article 22(5) safeguards were complied with.

Preventive detention under the COFEPOSA Act was upheld because the detaining authority's subjective satisfaction rested on relevant independent material, including seizures and statements recorded under the Customs Act, showing repeated smuggling-related activity involving foreign currency and gold. The court found that alleged illegible or unconsidered documents were not the foundation of detention, and that the procedural safeguards under Article 22(5) were duly complied with. The detenue's voluntary statement was not retracted, which further supported the detention. The challenge failed and the detention order was sustained.

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Issues: Whether the detention order passed under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 was vitiated for want of relevant material, non-consideration of material documents, or breach of procedural safeguards under Article 22(5) of the Constitution of India.

Analysis: The detention was founded on multiple independent materials, including seizures, recorded statements under Section 108 of the Customs Act, 1962, and the detenue's involvement in repeated smuggling-related activities affecting foreign currency and gold. The Court found that the detaining authority had formed its subjective satisfaction on relevant and substantive material, and that the alleged illegible or unconsidered documents were not the basis of the detention. The Court also held that the procedural safeguards had been scrupulously followed and that the non-retraction of the detenue's voluntary statement strengthened the detention case.

Conclusion: The detention order was upheld and the challenge failed.

Ratio Decidendi: A preventive detention order is valid where the detaining authority's subjective satisfaction is based on relevant independent material showing prejudicial activities, and the statutory and constitutional safeguards have been complied with.

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