State Of Maharashtra And Ors vs Ramchandra Rammilan Mishra @ Pandey

The Supreme Court upheld the Bombay High Court's decision to quash the detention order under Section 3(2) of the Maharashtra Prevention of Dangerous Activities Act, 1981, citing violation of Article 22(5) of the Constitution. The Court emphasized the necessity of granting the detenu the opportunity to present witnesses before the Advisory Board, as established in A.K. Roy v. Union of India, [1982] 1 SCC 271. The Court found that the High Court's ruling was justified due to the lack of opportunity afforded to the detenu to rebut the allegations against him.