Preventive detention delayed without explanation can break the live link and vitiate subjective satisfaction.

Long and unexplained delay in passing a preventive detention order under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act can vitiate subjective satisfaction where the live link between the prejudicial act and detention is broken. Here, the seizure and investigation were completed months before the detention order, and the detenu had been released on bail, yet the order was issued only much later. The explanation that further documents were awaited was found unsatisfactory. The delay was held to have destroyed the necessary proximity between the incident and the need for detention, rendering the detention order illegal.

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Issues: Whether the long and unexplained delay in issuing the detention order under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 vitiated the detaining authority's subjective satisfaction and rendered the preventive detention illegal.

Analysis: The incident and seizure occurred in May 1989, the investigation was substantially complete soon thereafter, and the detenu had already been released on bail by June 1989. The detention order, however, was issued only in February 1990. The explanation that additional documents were called for and that this caused the delay was found unsatisfactory. In preventive detention matters, the proximity between the prejudicial act and the detention order is material, because an inordinate and unexplained delay may snap the live link between the incident and the need for detention and may indicate a casual exercise of power.

Conclusion: The delay vitiated the detaining authority's subjective satisfaction, and the detention order was illegal.

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