PABITRA N. RANA vs UNION OF INDIA AND ORS.

The Supreme Court ruled that the detention order under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, was vitiated due to inordinate and unexplained delay in deciding the detenu's representation, violating Article 22(5) of the Constitution. The Court emphasized that the detaining authority must decide on the representation without delay, independent of the Advisory Board's opinion. Consequently, the Court quashed the detention order due to this constitutional violation.