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1983 (3) TMI 259 - SC - FEMAWhether the detaining authority had applied its mind to the relevant facts and circumstances bearing on the question of the petitioner's detention? Held that:- The order of detention was issued, that is to say passed, on November 7, 1981 and we must have regard to the state of circumstances which were in existence on that date. Shri Capoor seems to suggest that the Advisory Board's opinion dated October 19, 1981 came into existence after he had made up his mind to pass an order of detention against the petitioner on October 8, 1981 and therefore he could not take, or need not have taken, that opinion into account. The infirmity of this explanation is that the order of detention was passed against the petitioner on November 7, 1981 and the Advisory Board's opinion in Shamsi's case was available to the State Government nearly three weeks before that date. If that opinion were available before the order of detention was passed in this case, it was the duty of the State Government to place that opinion before the detaining authority in order to enable it to consider whether, an order of detention could be passed against the petitioner despite that opinion especially when, one of the grounds on which the two orders of detention are based is identical and relates to the same incident. We would like to add that having seen the original order of detention which was made available for our inspection by the officers of the State Government, we were baffled to find that though Shri Capoor's signature bears the date October 8, 1981, the column for date, in the left hand corner at the bottom of the order of detention, has remained or become blank. set aside the order of detention dated November 7, 1981 passed against the petitioner by the Government of Maharashtra and direct that to the extent that his detention is attributable to the said order of detention, he shall be released forthwith
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