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2008 (9) TMI 830 - BOMBAY HIGH COURTDetention - Delay in issuing detention order - non-placement of a vital document when the case of the detenu was referred to the Board - Held that:- The time of couple of months taken at the level of the sponsoring authority or at the instance of the detaining authority in taking the impugned action cannot be catagorised as ‘a delay caused’ in taking such an action of detention and that it is fatal. There is nothing on record to show that even in the aforesaid background of the potentiality and the propensity of the detenu to again commit the same prejudicial activity again mere alleged delay has resulted into severance of the necessary nexus as also making the grounds of detention stale and illusory. For all these reasons we hold that the detention order is not liable to be set aside on the mere ground of alleged delay that has occurred in its issuance. The contents of this document dated 27th February, 2008 in issue show that there is nothing new in this document which was not already on record and placed before either the Advisory Board and/or the Confirming Authority. Therefore, non-placement of this document in issue has not caused any prejudice to the detenu and the said document cannot be said to be a vital and material document, non-placement of which has or could have affected either the report of the Advisory Board or the decision of Confirming Authority in confirming the detention of the detenu. W.P. dismissed.
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