https://www.taxtmi.com/caselaws?id=166967 The Supreme Court of India reiterated that a detenu's representation under Article 22(5) must be considered independently and expeditiously by the Government, separate from the Advisory Board process; forwarding the representation with comments before the Board's opinion and recording an independent decision avoided invalidation on sequencing or delay. It also confirmed that, under the preventive detention scheme, smuggling and abetment of smuggling are distinct but overlapping grounds, and detention is sustainable where the material shows active participation in organising, facilitating, or controlling the illicit import operation. On the facts, the detention order was upheld and the challenge failed. en-us Fri, 17 Nov 1978 00:00:00 +0530 Sat, 08 Mar 2025 13:38:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=166967 The Supreme Court of India reiterated that a detenu's representation under Article 22(5) must be considered independently and expeditiously by the Government, separate from the Advisory Board process; forwarding the representation with comments before the Board's opinion and recording an independent decision avoided invalidation on sequencing or delay. It also confirmed that, under the preventive detention scheme, smuggling and abetment of smuggling are distinct but overlapping grounds, and detention is sustainable where the material shows active participation in organising, facilitating, or controlling the illicit import operation. On the facts, the detention order was upheld and the challenge failed. Case-Laws FEMA Fri, 17 Nov 1978 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=166967