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2021 (10) TMI 1378 - SC - Indian LawsDetention of goods - sending of fake injections - failure to communicate the State Government or Central's government rejection of the Appellant's representation - violation of procedural rights - HELD THAT:- The unexplained delay on part of the State Government in deciding the representation of the Appellant and second, the failure of the Central and State Governments to communicate the rejection of the representation to the Appellant in a timely manner. The basis of the extensions which have been issued on 15 July 2021 and 30 September 2021, finds its genesis in the original order of detention dated 11 May 2021. Once the order of detention stands invalidated, the consequential extensions would follow the same course. During the course of the proceedings, both parties have advanced submissions on the merits of the order of detention. In the view which we have taken, it is not necessary to consider these other grounds of challenge since the Appellant is entitled to succeed on the violation of his procedural rights under the Constitution and the statute. The impugned judgment of the High Court dated 24 August 2021 shall stand set aside. The order of detention dated 11 May 2021 and the extensions dated 15 July 2021 and 30 September 2021 shall accordingly stand quashed and set aside - Appeal allowed.
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