Rajendra Kumar v State of Gujarat AIR 1988 SC 1255
The petitioner was engaged in bulk importation of Indian made Foreign liquor from across the border. He was detained under the Prevention of Smuggling Activities Act and the Conservation of Foreign Exchange Act. He was arrested on Feb 2nd, 1987 and the details of the case were placed before the authority only in May and the authority passed the order on 28th May. The petitioner challenged the order on the ground that there was delay in making the same and so he was denied of the Constitutional rights. The Supreme Court held that there has to be a distinction drawn between the arrests under the above Acts and the rest of the arrests. The investigation in these matters may take a very long time due to the peculiarities of the activities. Therefore, it cannot be said that detention was invalid. Even in the absence of explanation for delay it cannot be said that thesubjective satisfaction arrived at by the detaining authority was not genuine or that the grounds were stale or illusory. Also held that there was no delay.
Grounds are conclusions of of facts and not a compleate detailed recital of all the facts.These grounds on which the order of detention is made must be supplied.
The second right of being afffordred the "earliest opportunity of making a representation against the order " is not confined to only a physical oppurtunity of supplying paper and pen only.In ordeer that a representation can be made the person detained must first have knowledge of
The detention order shall be invalid if the grounds are too vague to enable the detenues to make a representation. A vague ground is one which is not sufficient to enable the detenue to make an effective representation, while an irrelevant ground is one which has no connection at all with the satisfaction of the authority.
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