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Vasim Khan @ Raja S/O. Iqbal Khan (In ... vs The State Of Maharashtra Thr. ... on 27 September, 2017
cites
Pradeep Nikanth Paturkar vs S. Ramamurthi And Others on 24 March, 1992
11 jg.cri.wp 324.17.odt
said time was required for preparing the copies of the documents that
were required to be supplied to the detenu as in view of the proposal,
immediate detention of the petitioner was necessary. While holding so,
we rely on the judgment reported in 2013 ALL MR (Cri) 3870 as also
the unreported judgment dated 18-4-2017 in Criminal Writ Petition No.
64/2017. While quashing the order of detention made in the case in the
judgment reported in 2013 ALL MR (Cri) 3870, this Court had relied on
the judgment in the case of Pradeep Paturkar Vs. S. Ramamurthi and
ors. 1993 Supp (2) SCC 61 wherein the Hon'ble Supreme Court had
held that unexplained delay, whether short or long, especially when the
petitioner has raised a specific plea in respect of delay would vitiate the
detention order. In the instant case, since the delay is not explained,
much less satisfactorily, the detention order is liable to be set aside on
the said ground also. The judgments reported in (1974) 1 SCC 594 and
(1988) 3 SCC 153 and relied on by the learned Additional Public
Prosecutor cannot be applied to the case in hand as in the said reported
judgments, it was sought to be canvassed that in view of the delay, it
would be necessary to hold that the detaining authority must not have
been satisfied about the necessity of the detention order.
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