VIMAL CHAND JAWANTRAJ JAIN vs SHRI PRADHAN AND ORS.

The Supreme Court ruled that the detention order under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, violated Article 22(5) of the Constitution as the detenu's representation was not considered by the State Government prior to confirming the detention. The Court emphasized that the detaining authority must consider the representation before making a confirmation, and failure to do so renders the detention invalid. Consequently, the Court allowed the writ petition and struck down the detention order.