Preventive Detention Will Be Vitiated By Unexplained Delay In Passing Order, Withholding Of Relevant Material : Supreme Court
there should be "live and proximate link" between the grounds of detention and the purpose of detention
The Court observed that there are series of decisions which held that an unreasonable and unexplained delay in securing a detenu and detaining him vitiates the detention orde
In this case, the detenu was detained under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988. The Tripura High Court dismissed the writ petition questioning the legality and validity of the detention order. In appeal, the court noted that the proposal to take steps to preventively detain the...
"It is manifestly clear from a conspectus of the above decisions of this Court, that the underlying principle is that if there is unreasonable delay between the date of the order of detention & actual arrest of the detenu and in the same manner from the date of the proposal and passing of the order of detention, such delay unless satisfactorily exp...
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