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1979 (7) TMI 239 - SC - CustomsWhether it is necessary for the detaining authority to consider whether a person should be prosecuted before an order of detention is made against him’? Held that:- This Court did not say in Hardhan Saha v. State of West Bengal [1974 (8) TMI 104 - SUPREME COURT] that the possibility of a prosecution being launched was an irrelevant consideration which need never be present to the mind of the detaining authority. On the other hand, we do not also think that it is axiomatic, as sought to be contended by the learned Counsel for the appellant, that the detaining authority must invariably consider the possibility of launching a prosecution before making an order of detention and that, if not, the order of detention must necessarily be held to be bad.
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