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1 - 10 of 18 (2.47 seconds)Section 37 in The Narcotic Drugs And Psychotropic Substances Act, 1985 [Entire Act]
The Code of Criminal Procedure, 1973
Sk. Serajul vs State Of West Bengal on 9 September, 1974
17. A similar contention was raised in Suresh Mahato v. The
District Magistrate, Burdwan, and Ors., (1975) 3 SCC 554, on
the basis of the dictum laid down in two decisions of this Court,
namely, SK. Serajul v. State of West Bengal, (1975) 2 SCC 78,
and Sk. Nizamuddin (supra) contending that the delay of the
arrest of the detenu in that case showed that the detaining
authority was not really and genuinely satisfied as regards the
necessity for detention of the detenu for otherwise he would have
tried to secure the arrest of the detenu promptly and not left him
free to carry on his nefarious activities. Bhagwati, J. (as the learned
Chief Justice then was) while dealing with this submission, made
the following observation:
Bhawarlal Ganeshmalji vs State Of Tamil Nadu & Anr on 11 December, 1978
18. Chinnappa Reddy, J. speaking for the Bench in Bhawarlal
Ganeshmalji v. State of Tamil Nadu, (1979) 1 SCC 465, has
explained as follow:
Shafiq Ahmad vs District Magistrate, Meerut & Ors on 6 September, 1989
19. Sabyasachi Mukharji, J. (as the learned Chief Justice then
was) in Shafiq Ahmed v. District Magistrate, Meerut and Ors.,
(1989) 4 SCC 556, having regard to the fact that there was a delay
of two and a half months in detaining the petitioner (detenu)
therein, pursuant to the order of detention has concluded that
"there was undue delay, delay not commensurate with the facts
situation in that case and the conduct of the respondent authorities
betrayed that there was no real and genuine apprehension that the
detenu was likely to act in any manner prejudicial to public order.
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The order, therefore is bad and must go". However, the learned
Judge observed that "whether the delay was unreasonable
depends on the facts and circumstances of each case.”
Asha vs The Additional Chief Secretary To ... on 25 April, 2022
In Asha Devi v. Additional Chief Secretary to the
Government of Gujarat and Anr., 1979 Crl LJ 203, this Court
pointed out that:
The Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988
Section 3 in The Narcotic Drugs And Psychotropic Substances Act, 1985 [Entire Act]
Ashok Kumar vs Delhi Administration & Ors on 5 May, 1982
13. There is indeed a plethora of authorities explaining the
purpose and the avowed object of preventive detention in express
and explicit language. We think that all those decisions of this
Court on this aspect need not be recapitulated and recited. But it
would suffice to refer to the decision of this Court in Ashok Kumar
10
v. Delhi Administration and Ors., (1982) 2 SCC 403, wherein
the following observation is made: