HEMLATA KANTILAL SHAH vs STATE OF MAHARASHTRA & ORS.

The Supreme Court held that under Section 8(e) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, a detenu cannot claim legal representation as a right, but the Advisory Board has discretion to allow it. The Court ruled that the delay in passing the detention order was not fatal in this case, and the past conduct of the detenu could be considered for detention. The Court affirmed that the detaining authority's satisfaction cannot be substituted by the courts under Articles 32, 136, and 226 of the Constitution, and dismissed the petition challenging the detention.