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Issues:
1. Validity of the order of detention under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. 2. Consideration of detenu's representation by the Detaining Authority. Analysis: 1. The High Court of Bombay heard a case concerning the detention order issued by the Joint Secretary to the Government of India under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. The order was based on the suspicion of smuggling activities by the detenu involving misdeclaration of goods imported from Singapore to India. The detenu admitted to the illegal importation and misdeclaration, leading to the detention order. The detenu's father challenged the order, claiming that the detaining authority did not consider the detenu's representation, which is essential for the validity of the detention. The Detaining Authority's response indicated that the representation was indeed considered and rejected, but due to administrative delays, the communication of the rejection was pending. However, upon examination of the file, the court found discrepancies in the rejection process. The Detaining Authority had only rejected a parole request and failed to address the detenu's representation against the detention order. This failure to consider and reject the detenu's representation rendered the detention illegal and unsustainable under the Act. 2. The court highlighted the importance of the Detaining Authority's duty to examine and decide on the detenu's representation against the detention order. Despite the Detaining Authority's claim of rejecting the representation, the court found that the rejection was limited to a parole request and did not address the detenu's challenge to the detention order. The court noted discrepancies in the rejection process, including duplicate endorsements and lack of proper consideration of the detenu's main representation. As a result, the court ruled in favor of the detenu, quashing the detention order and directing the detenu's immediate release. The judgment emphasized the necessity for the Detaining Authority to fulfill its obligations under the Act by properly considering and responding to the detenu's representations to ensure the legality and validity of detention orders.
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