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1986 (9) TMI 387 - SC - Indian LawsPreventive detention - contention of the petitioner/appellant that the order of preventive detention could only be justified against a person in detention if the detaining authority was satisfied that his release from detention was imminent and the order of detention was necessary for putting him back in jail. The service of order of detention on the petitioner while he was in jail was futile and useless since such an order had no application under section 3(2) of the Act. Held that:- Appeal allowed. Though the order of preventive detention when it was passed was not invalid and on relevant considerations, the service of the order was not on proper consideration. It may be mentioned that in the petition it is nowhere stated that the detenu has since been released or that the prospect of his imminent release was properly and with seriousness considered by the detaining authority. The order of detention, therefore, is set aside.
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