R. Keshava vs M.B. Prakash & Ors

The Supreme Court held that the preventive detention of A. Maheshraj under Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Act was unconstitutional due to the violation of Article 22(5) of the Constitution, as his representation to the Advisory Board was not considered by the appropriate government. The Court emphasized that the Advisory Board had a duty to transmit the representation to the government, which had an obligation to consider it before confirming the detention order. The appeal was allowed, quashing the detention order.