TaxTMI 
TaxTMI 
2009 (6) TMI 1023
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....6 under Section 302 IPC; Madhichiam PS Crime No. 100/2007 under Section 341, 323, 427, 506(ii) IPC. On 1.6.2007 at about 10.45 hours when Karuppasamy was walking along with Veerayee and was going in front of Kathiresan tea stall, detenu armed with a big knife waylaid both Karuppasamy and Veerayee and demanded a sum of ₹ 500/-. When Karuppasamy replied that he had no money, detenu abused Karuppasamy and placed knife on Karuppasamy's chest, pressed and robbed a sum of ₹ 520/- from Karuppasamy's shirt pocket. When Karuppasamy raised alarm out of fear, crowd gathered and detenu brandished the knife and threatened them that he would stab and kill them, if any one came to catch him. The passersby ran helter-skelter out of pani....
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....of panic and the shopkeepers downed the shutters which affected the public tranquility. • Even though, occurrence in ground case Cr.No.463/2007 was on 1.6.2007, detenu surrendered in the ground case on 15.7.2008 before the Court of JM No. II, Madurai. • While in police custody, on 21.7.2008, detenu was interrogated and his confession statement led to recovery of knife under athatchi. • After police custody, detenu was produced back in the court on 21.7.2008 and he was remanded to judicial custody and his remand period was extended till 01.9.2008. • During that period i.e. on 19.8.2008, the impugned detention order was passed on the ground that detenu is habitually indulging in a prejudicial activities and if he comes....
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....e to be struck down as invalid. But there can be no hard and fast rule as to what is the length of time which should be regarded sufficient to snap the nexus between the incident and the order of detention. We are of the view that here the lapse of time between the date of the incident and the date of the order of detention has been sufficiently explained by the detaining authority and hence we are not prepared to draw the inference of malefides merely because the order of detention happened to be made about five months after the petitioner was found carrying two pieces of foreign marked gold. 9. Whenever there is a delay between the alleged incident or the alleged prejudicial activity and the date of detention, the live link between the p....