Preventive detention representation rights must be communicated promptly; unreasonable delay makes continued custody unsustainable.

A detenu must be informed within a reasonable time of the right to make an effective representation against a declaration under Section 9(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974; failure to do so is inconsistent with Article 22(5) of the Constitution. On the admitted facts, a delay of about 16 months was unreasonable, so continued detention beyond one year under the declaration could not be sustained and the custody was invalid.

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Issues: Whether the delay of about 16 months in informing the detenu of his right to make a representation against the declaration under Section 9(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 violated Article 22(5) of the Constitution of India and rendered the continued detention beyond one year unjustified.

Analysis: The detenu was not made aware of the right to make an effective representation against the declaration within a reasonable time after the declaration was issued. The Court followed the principle that failure to inform the detenu of this constitutional right within a reasonable time is inconsistent with Article 22(5) of the Constitution of India. On the admitted facts, the delay of 16 months was held to be unreasonable, and the continued detention beyond the original period of one year under the declaration could not be sustained.

Conclusion: The continued detention beyond one year was invalid and the detenu was entitled to be released.

Final Conclusion: The declaration under Section 9(1) could not justify continued custody after one year because the constitutional right to make an effective representation was not communicated within a reasonable time.

Ratio Decidendi: A detenu must be informed of the right to make an effective representation against a preventive detention declaration within a reasonable time, failing which continued detention is contrary to Article 22(5) of the Constitution of India.

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