Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974-Sections 3 and 11.
Prevention of Illicit Traffic in Narcotics Drugs & Psychotropic Sub- stance Act, 1988-Sections 3 and 12 Detention Order Detenu's right to make representation To whom representation is to be made Who is em- powered to revoke the detention order.
Constitution of India, 1950-Article 22(4) and (5) Preventive Detention-Nature and scope of rights of Detenue.
The common question arising for consideration in the appeals was when an order for preventive detention is passed by an officer especially empowered to do so by the Central Government or the State Government, whether the said officer is required to consider the representation submitted by the detenue.
Answering the question in affirmative; allowing the appeals on behalf of the Detenues and dismissing the appeals of the Union of India, this Court.