MOHD. SHAKEEL WAHID AHMED vs STATE OF MAHARASHTRA & ORS.

The Supreme Court held that the failure of the State Government to present the Advisory Board's opinion, which found no sufficient cause for the detention of another individual involved in the same transaction, vitiated the order of detention against the petitioner under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. The Court emphasized that while the Board's opinion was not binding, it was a relevant circumstance that should have been considered by the detaining authority. Consequently, the Court allowed the petition and set aside the detention order.