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Issues involved: Challenge to detention order u/s 3(1) of Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 based on grounds of insufficient material, mechanical passing of order, and delayed disposal of representation invoking Article 22(5) of the Constitution of India.
Challenge to detention order based on insufficient material and mechanical passing of order: The detention order was issued against the detenu, who was involved in an attempt to export goods under a mis-declared scheme. The Customs Department alleged that the detenu, along with others, over-valued goods for higher export drawback benefits. The detaining authority issued the detention order after considering the material placed before her. The High Court rejected challenges to the detention order, stating that the material was sufficient and the order was not passed mechanically. Delayed disposal of representation invoking Article 22(5) of the Constitution of India: The appellant made a representation to revoke the detention order, which was rejected after a delay of one month. The High Court did not examine this delay properly. The detaining authority explained the delay in disposing of the representation, attributing it to procedural delays within the department. However, any unreasonable and unexplainable delay in considering a representation is considered fatal to the continued detention of the detenu as per Article 22(5) of the Constitution. Citing established legal principles, the Supreme Court concluded that the detention order could not be sustained due to the delay in disposing of the representation and set it aside, leading to the allowance of the appeal.
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