Preventive detention upheld where Customs statements, recoveries, and timely representation consideration supported subjective satisfaction and live link.

The preventive detention order under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 was upheld because the record showed sufficient material for the detaining authority's subjective satisfaction, including Section 108 Customs statements, recoveries of smuggled gold, incriminating currency, and the detenu's own statements. The detenu's representation was considered within a reasonable time, and a typographical error in the consideration note was treated as bona fide and non-prejudicial. No non-supply of relied-upon documents or breach of procedural safeguards was established, and a live link was found between the alleged activities and the detention order. The challenge to detention therefore failed.

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Issues: Whether the detention order under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 was vitiated for non-application of mind, non-consideration of the detenu's representation, non-supply of relied-upon documents, or absence of a live link between the material and the order of detention.

Analysis: The detention was supported by statements recorded under Section 108 of the Customs Act, 1962, recoveries of smuggled gold, incriminating currency and other materials, and the detenu's own statements. The representation made by the detenu was considered within a reasonable time, and the typographical error in the consideration note was found to be bona fide and non-prejudicial. The record did not establish non-supply of any relied-upon document or any violation of the governing procedural safeguards. The materials were held to be sufficient to sustain the detaining authority's subjective satisfaction, and a live link between the alleged activities and the detention order was found to exist.

Conclusion: The detention order was not vitiated and the challenge to preventive detention failed.

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