2006 (11) TMI 661 - SC - Customs

Summary

Issues Involved:
1. Withholding of relevant material by the sponsoring authority.
2. Illegibility of documents provided to the detenu.
3. Inordinate delay in considering and communicating the representation of the detenu.

Issue-wise Detailed Analysis:

1. Withholding of Relevant Material by the Sponsoring Authority:

The detenu challenged the preventive detention on the ground that the sponsoring authority had withheld a relevant document (Order dated 15/20.4.2004 stopping EXIM benefits to Sandip Exports Ltd.) from the detaining authority. The Supreme Court reiterated that preventive detention under the COFEPOSA Act is anticipatory and preventive, not punitive or curative. It emphasized that all relevant materials must be placed before the detaining authority to ensure the subjective satisfaction required for detention. The Court examined whether the withheld document was relevant to the detenu's alleged smuggling activities or his propensity to continue such activities. The Court concluded that the document in question was not relevant as it only indicated the suspension of EXIM benefits to one company and did not bear on the detenu's propensity to indulge in smuggling through other front companies. Thus, the non-consideration of the document did not vitiate the detention order.

2. Illegibility of Documents Provided to the Detenu:

The detenu contended that several sheets among the documents provided were illegible, preventing him from making an effective representation. The Court acknowledged that under Article 22(5) of the Constitution, the grounds of detention and the documents relied upon must be communicated clearly to the detenu. However, the High Court had found that the illegible copies were of documents provided by the detenu himself and that the detenu had acknowledged the legibility of the documents when they were furnished. The Supreme Court agreed with the High Court's assessment that the detenu was not hampered in making an effective representation due to the alleged illegibility of some documents. Therefore, the Court found no merit in this contention.

3. Inordinate Delay in Considering and Communicating the Representation of the Detenu:

The detenu argued that there was an inordinate delay in considering his representation dated 7.2.2006 by the Central Government and communicating the decision. The Supreme Court emphasized the importance of expeditious consideration of representations under Article 22(5). The Central Government satisfactorily explained the time taken between 7.2.2006 and 22.2.2006 to consider the representation. However, there was an unexplained delay in serving the rejection order dated 22.2.2006 on the detenu until 18.3.2006. Despite this delay, the Court referred to the precedent in Abdul Razak Dawood Dhanani vs. Union of India, which held that delay in considering a second representation reiterating the same grounds as the first does not vitiate the detention order. The Court found that the detenu's second representation dated 7.2.2006 was a reiteration of his earlier representation dated 16.1.2006, which had already been considered and rejected. Thus, the delay in communicating the decision on the second representation did not affect the validity of the detention order.

Conclusion:

The Supreme Court dismissed the appeal and the writ petition, upholding the preventive detention of the detenu under the COFEPOSA Act. The Court found no merit in the contentions regarding the withholding of relevant material, the illegibility of documents, and the delay in considering the representation.