AIR 2016 SC 641 ::2016 CRI. L. J. 1189 ::AIR 2016 SC (Criminal) 338 ::2016 (2) AJR 354 ::(2016) 2 CriLR(Raj) 337 ::(2016) 2 DLT(CRL) 102 ::(2016) 1 CurCriR 272 ::(2016) 1 AllCriR 1119 ::2016 CriLR(SC&MP) 337 ::2016 (2) SCC (Cri) 117 ::(2016) 2 Mad LJ(Cri) 749 ::(2016) 1 RecCriR 905 ::(2016) 1 Scale 682 ::2016 CriLR(SC MAH GUJ) 337 ::2016 (1) KLT SN 124 (SC) ::(2016) 2 JLJR 102 ::2016 (2) KCCR SN 92 (SC) ::(2016) 64 OCR 334 ::(2016) 2 Pat LJR 211 ::2016 (3) SCC 437 ::(2016) 1 Crimes 191

Supreme Court Of India

(From : Kerala)*

Hon'ble Judge(s): Dipak Misra, Prafulla C. Pant , JJ

(A) Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (52 of 1974) , S.11, S.3— Constitution of India , Art.22(5)— Representation against detention - Rejection of - Speaking order, though, not necessary, but there has to be application of mind - Communication of grounds on which order of detention has been made cannot be equated with communication of order rejecting representation - Non communication of order of rejection - Not violative of Art. 22 (5) of Constitution - Open for court to call file and peruse notes and proceedings to see whether representation is rejected in mechanical manner. 2014 (1) Ker LT 21 (SN), Reversed. (Para 21 22 23 30) (B) Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (52 of 1974) , S.11— Constitution of India , Art.22(5)— Representation against detention - ''Real and proper consideration'' of by competent authority while passing rejection order - Must show that materials are placed before competent authority and there has been subjective satisfaction - 'Word' 'satisfaction' need not be used while rejecting representation. 2014 (1) Ker LT 21 (SN), Reversed. (Para 30) ....