GAZI KHAN @ CHOTIA vs STATE OF RAJASTHAN AND ANR.

The Supreme Court held that the detention order under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1989, was invalid due to a breach of constitutional obligation under Article 22(5) of the Constitution of India, as there was an unexplained delay of 7 days in considering the detenu's representation. The Court emphasized that affidavits filed by officers not personally involved in the case are inadequate and should be rejected. The appeal was allowed, overturning the High Court's dismissal of the writ petition.