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1988 (11) TMI 343 - SC - Indian LawsWhether there has been any excessive detention? Held that:- Appeal allowed & the order of detention impugned in the petition quashed and the petitioner is directed to be set at liberty. There would be vitiation of the detention on grounds of non-application, of mind if a piece of evidence, which was relevant though not binding, had not been considered at all. If a piece of evidence which might reasonably have affected the decision whether or not to pass an order of detention is excluded from consideration. There would be a failure of application of mind which, in turn, vitiates the detention. The detaining-authority might very well have come to the same conclusion after considering this material; but in the facts of the case the omission to consider the material assumes materiality.
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