MST. L.M.S. UMMU SALEEMA vs B.B. GUJARAL & ANR.

The Supreme Court held that the order of preventive detention under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 was vitiated due to the failure of the detaining authority to provide the detenu with material documents as required under Article 22(5) of the Constitution. The Court emphasized that the detaining authority must consider all relevant facts, including the detenu's retraction of his earlier statement, and that undue delay in the disposal of the representation also invalidated the detention order. Consequently, the Court quashed the detention order.