PRITAM NATH HOON vs UNION OF INDIA & OTHERS

The Supreme Court held that under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, the detaining authority must provide the detenu with an opportunity to make a representation against his detention, which includes timely access to documents forming the basis of the detention. The Court found that a delay of 32 days in supplying these documents constituted a denial of this opportunity, leading to the release of the detenu. The judgment emphasizes the necessity for detaining authorities to establish procedures ensuring prompt and effective access to such documents.