https://www.taxtmi.com/caselaws?id=192511 In preventive detention under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, the detaining authority must consider all relevant material bearing on continued detention when dealing with a representation. Where the detention grounds relied on statements recorded under Section 108 of the Customs Act, the advisory board's opinion and proceedings concerning the persons whose statements were used were material circumstances. As those materials were not shown to have been placed before or considered by the detaining authority, the failure deprived the detenus of an effective representation and breached Article 22 of the Constitution. The continued detention was therefore held illegal. en-us Thu, 30 Oct 1986 00:00:00 +0530 Sat, 03 Jun 2017 15:32:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=192511 In preventive detention under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, the detaining authority must consider all relevant material bearing on continued detention when dealing with a representation. Where the detention grounds relied on statements recorded under Section 108 of the Customs Act, the advisory board's opinion and proceedings concerning the persons whose statements were used were material circumstances. As those materials were not shown to have been placed before or considered by the detaining authority, the failure deprived the detenus of an effective representation and breached Article 22 of the Constitution. The continued detention was therefore held illegal. Case-Laws Indian Laws Thu, 30 Oct 1986 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=192511