State Of Tamil Nadu & Anr vs R. Sasikumar

The Supreme Court held that the presumption of receipt of a representation by the Director General of Police, based solely on its receipt by other authorities, does not suffice to establish a violation of Article 22(5) of the Constitution of India. The Court found that the High Court's reliance on such presumption was erroneous, as there was no evidence that the representation was actually received by the detaining authority prior to the detention order. Consequently, the Supreme Court set aside the High Court's order quashing the detention, reaffirming the necessity for clear evidence of consideration of representations before detention orders are issued.