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1975 (1) TMI 90 - SC - Indian LawsOrder of detention - there was no proximity between the incidents leading to the detention and the order of detention as 'there was a gap of about 4 months in between - Held that:- We are not inclined to dismiss as untrue the oral explanation offered on behalf of the District Magistrate that he could not make the report on the 14th due to administrative difficulties. As it cannot be said that the District Magistrate had slept over the order or was "lounging supinely" over it and since the explanation of one day's delay may be accepted as reasonable, there is no violation of the requirement that the report to the State Government shall be made forthwith. The explanation of the interval is that the petitioner was being prosecuted and an order of discharge had to be obtained on June 17, 1972. The order of detention was passed 4 days before the order of discharge was passed. We do not suppose that the length of time which a decision takes necessarily reflects the care or openness brought to bear upon it. The answer to yet another contention that the entire material which influenced the subjective satisfaction of the Magistrate in passing the order of detention was not supplied to the petitioner is that according to the countered affidavit of the District Magistrate, nothing apart from what is stated in the grounds and the particulars was taken into account while passing the order of detention. Thus validity of the detention confirmed.
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