SANJAY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Although, the learned Additional Public Prosecutor made stranuous efforts to convince us that there is live link in the last criminal activity of the petitioner and the object sought to be achieved by the preventive detention, we find that there is absence of live link between the two in the present case. Besides there is no explanation of the delay given by the Detaining Authority nor the facts and circumstances of the case justify the delay taken place in the present case.

(2.) The order of preventive detention has been passed on 30/9/2021 whereas the last of the crimes registered against the petitioner was of 27/3/2021. Even the confidential statements of two witnesses refer to the incidents of March-2021 and 25/6/2021. Thus, there is delay of not less than three months in the present case, which has not been explained in any manner by the Detaining Authority.

(3.) The delay so caused in the present case, in our considered view, has the effect of snapping live link with the criminal activities of the petitioner and therefore, we are of the view that this aspect of the matter has vitiated the satisfaction reached by the Detaining Authority. This is the view which we have already taken in the previous case between Ajay @ Golu Shyam Solanki .vs. State of Maharashtra and another in Criminal Writ Petition No. 807 of 2021, decided on 27/6/2022 involving similar facts.