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1987 (3) TMI 241 - SC - FEMAPreventive detention orders - Held that:- Since the order of detention did not mention that the detenue in these cases was an under trial prisoner, that he was arrested in connection with the three cases, that applications for bail were pending and that he was released on three successive days in the three cases, this Court had to observe that there was d total absence of application of mind on the part of the detaining authority while passing the detention order and quashed the order of detention. We do not think it necessary to consider the question whether the authorities acted rightly in not considering the representation made by the respondent. It cannot be disputed that provisions of SAFEMA cannot be invoked in cases where there is no valid order of detention. We agree with the High Court that the order of detention is bad on the ground discussed above. Consequently we hold that the High Court was justified in quashing the notice issued under Section 6 and the proceeding initiated under Section 7 of the SAFEMA. We accordingly dismiss the appeal.
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