Preventive detention reporting time runs from the making of the order, and late reporting invalidates detention.

Preventive detention reporting under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act runs from the date the competent authority makes the detention order on the file, not from the later date when the formal order is drawn up or authenticated. The statutory 10-day reporting period is mandatory and operates as a safeguard for prompt communication to the Central Government. Where the report is sent after that period, the requirement is not complied with and the detention is rendered invalid.

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Issues: Whether the report required under Section 3(2) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 had to be sent within 10 days of the date on which the detention order was made on the file or within 10 days of the date on which the formal order was drawn up.

Analysis: The statutory scheme treats the making of the detention order as the operative act by the competent authority, distinct from the subsequent ministerial act of drawing up and authenticating the formal order. The time-limit under Section 3(2) is mandatory and serves an important safeguard in the preventive detention framework, enabling prompt reporting to the Central Government. Since the order was made on 23 November 1984 and the report was sent only on 5 December 1984, the statutory requirement was not met within the prescribed period.

Conclusion: The report was required to be sent within 10 days of the date of the detention order made by the Administrator, and non-compliance with Section 3(2) vitiated the detention.

Ratio Decidendi: In preventive detention matters, the statutory time-limit for reporting a detention order runs from the date the competent authority makes the order, not from the later date on which the formal order is prepared or authenticated, and non-compliance with such mandatory requirement renders the detention invalid.

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