PRAKASH CHANDRA MEHTA vs COMMISSIONER AND SECRETARY GOVERNMENT OF KERALA & ORS.

The Supreme Court addressed the legality of detention orders under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, specifically Sections 3 and 5A. The Court held that the detaining authority must communicate grounds of detention in a language understood by the detenu and provide an opportunity for representation, as mandated by Article 22(5) of the Constitution of India. The Court found that the failure to consider retracted confessions by the detaining authority, while being considered by the Advisory Board, vitiated the detention orders, leading to their quashing.