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2016 (4) TMI 54 - SC - CustomsWhether non-communication of the order rejecting the representation in an effective manner would invalidate or vitiate the order of detention - order of detention passed u/s 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA Act) - Held that:- it is clear as day that while rejecting the representation, a speaking order need not be passed and what is necessary is that there should be real and proper consideration by the Government and the Advisory Board. The detaining authority on the basis of certain material passes an order of detention. The same has to be communicated at the earliest as mandated under Article 22(5) of the Constitution. A period has been determined. Non-communication within the said period would be an impediment for sustaining the order of detention. Similarly, if a representation is made and not considered with promptitude and there is inordinate delay that would make the detention order unsustainable. Order of detention - Appellant contended that detenu was detained on 25.2.2013 and released on 24.10.2013 and in this backdrop, the detenu should not be sent back to undergo the remaining period of detention - Held that:- there exists no proximate temporal nexus between the period of detention indicated in the order for which the detenu was required to be detained and the date when the detenu is required to be detained if the order is set aside. The detenu was initially detained for one year. He remained in incarceration from 25.2.2013 to 24.10.2013. The High Court has quashed the order of detention and he has been set at liberty. So, by keeping in view the principles stated in the case of Sunil Fulchand Shah v. Union of India [2000 (2) TMI 792 - SUPREME COURT OF INDIA] and Chandrakant Baddi v. ADM & Police Commr, the appropriate course for the nature of grounds on which the detention order was passed would be that the detaining authority should re-examine the matter. - Decided in favour of appellant
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