PRABHAKAR B POOJARI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In. this petition under Article 32 of the Constitution, Shri L. K. Gupta, appearing as amicus curiae for the petitioner confines his submission to the question whether the undue, unexplained delay in making the impugned order of detention must give rise to an inference that there was no sufficient material for the subjective satisfaction of the detaining authority or that the satisfaction so reached was not genuine. The mailer is no longer res integra and is covered by a direct decision of this court. Quite recently, this court in Rajendrakumar Natvarlal Shah v. State of Gujarat held that mere delay in passing an order of detention does not necessarily give rise to such an inference, nor would it be a vitiating factor. Although the court was concerned with the detention of a person under S. 3 (2 of the Gujarat Prevention of Anti-Social Activities Act, 1985, the question involved was one of principle. The court dealt. with the question in depth and specifically referred to orders of detention passed under S. 3 (1 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 where such delay in making an order of detention is inevitable. It was observedpara 10

(2.) The writ petition must accordingly fail and is dismissed.