MANOHAR BODHARAM MOTWANI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This petition from Jail takes exception to an order of detention dated February 19, 1987 under Section 3(1) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers and Drug Offenders Act, 1981 (LV of 1981 - - hereinafter referred as 'the Act').

(2.) THE detenu was booked on three occasions viz. 17 November 1985, 1 December 1985 and 27 August 1986 for the alleged commission of offences punishable under the Narcotics Drugs and Psychotropic Substances Act, 1985 (Drugs Act). In the background of these incidents the Commissioner of Police, Greater Bombay on February 19, 1987 passed an order of detention under Section 3(1) of the Act. The order and the grounds were served upon the detenu along with the relevant papers. From jail the detenu sent the petition assailing the detention order and Miss Joshi, appointed to prosecute the petition on his behalf, has canvassed three grounds which are discussed below.

(3.) NEXT , Miss Joshi submitted that there was considerable delay in the last prejudicial activity ascribed to the detenu and the making of the detention order. The delay snapped the live -link that must always subsist between an order of preventive detention and the prejudicial activity which it is designed to curb. Here the detention order was made on February 19, 1987, while the last prejudicial activity preceding the making thereof, was detected on August 27, 1986. But as the grounds show, samples of the drug found with the detenu were sent for analysis to the Forensic Science Laboratory and the result therefrom was received in November 1986. Thereafter, statements of unnamed persons were recorded and this recording took place on January 9/10, 1987. It cannot, in the background of this factual position, be said that there was unreasonable delay between the prejudicial activity and the making of the detention order. It is not every case of delay that snaps the vital link which must always subsist. Delay, to be fatal, must remain unexplained and in the instant case the explanation is self -evident from the record itself.