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Issues involved: Challenge to the validity and legality of the order of detention based on delay in passing the order.
Summary: Issue 1: Validity of the order of detention based on delay The detaining authority passed the order of detention against the detenu under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers and Drug Offenders Act 1981. The order was based on five cases of manufacturing and selling illicit liquor, with witnesses' statements supporting the allegations. The detenu was detained after a delay of 5 months and 8 days from the last case registration and over 4 months from the proposal submission. The appellant contended that the delay in passing the order was unreasonable and vitiated the detention. The High Court rejected the contention of undue delay, stating that the time taken for the procedure was not unduly long. However, the Supreme Court found the delay concerning, especially as witness statements were obtained after the detenu had been granted bail in all the cases. Citing previous judgments, the Court emphasized that delay must be satisfactorily explained by the detaining authority. As the delay remained unexplained and the appellant raised a specific plea on the issue, the Court quashed the detention order, setting the detenu at liberty. In conclusion, the Supreme Court allowed the appeal, overturned the High Court's judgment, and annulled the detention order due to the unexplained delay in its issuance.
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