https://www.taxtmi.com/caselaws?id=161237 Only documents actually relied upon in forming a preventive detention order must be supplied to the detenu; incidental references do not, by themselves, breach the right to an effective representation under Article 22(5). The alleged retraction was not proved to have been sent or received, so no infirmity arose from its non-consideration. The representation was dealt with promptly once received, and the intervening delay was explained by postal transit and the authority's absence abroad, so no unreasonable delay or non-application of mind was shown. The authority had also considered whether ordinary criminal prosecution would suffice and was satisfied that detention was necessary to prevent further smuggling activity, so the detention was upheld. en-us Mon, 04 May 1981 00:00:00 +0530 Sat, 02 Aug 2014 08:59:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=161237 Only documents actually relied upon in forming a preventive detention order must be supplied to the detenu; incidental references do not, by themselves, breach the right to an effective representation under Article 22(5). The alleged retraction was not proved to have been sent or received, so no infirmity arose from its non-consideration. The representation was dealt with promptly once received, and the intervening delay was explained by postal transit and the authority's absence abroad, so no unreasonable delay or non-application of mind was shown. The authority had also considered whether ordinary criminal prosecution would suffice and was satisfied that detention was necessary to prevent further smuggling activity, so the detention was upheld. Case-Laws FEMA Mon, 04 May 1981 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=161237