TMI Blog2000 (11) TMI 1260X X X X Extracts X X X X X X X X Extracts X X X X ..... ct')-The appellants prayed for being released on bail, but the Addl. District Judge, Neemuch, rejected the application. Subsequently however they were detained under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (for short 'the PITNDPS Act') by order dated 5.6.1997. The record depicts that the grounds of detention were communicated to the appellants within the stipulated time and subsequently by order dated 17.8.1997 their detention has been confirmed. The appellants moved the High Court on the ground that it was illegal and invalid as the detaining authority passed the order mechanically and without application of mind and that facts do not justify their detention. In ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... runnissa's case (supra) this Court was pleased to observe thus:- The decisions of this Court to which our attention was drawn by the learned Counsel for the petitioners lay down in no uncertain terms that detention orders can validly be passed against detenus who are in jail, provided the officer passing the order is alive to the fact of the detenus being in custody and there is material on record to justify his conclusion that they would indulge in similar activity if set at liberty. 4. In Agustin's decision (supra) this Court also placed strong reliance on an earlier but oft-cited decision of this Court in Binod Singh v. District Magistrate, Dhanbad 1986CriLJ1959 wherein it was held that if a person is in custody and there ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the concerned officer. The reasoning available is the 'likelihood of his moving an application for bail' which is different from 'likelihood to be released on bail'. This reasoning, in our view, is not sufficient compliance with the requirements as laid down. 7. The emphasis however, in Binod Singh's case (supra) that before passing the detention order the concerned authority must satisfy himself of the likelihood of the petitioner being released on bail and that satisfaction ought to be reached on cogent material. Available cogent material is the likelihood of having a bail application moved in the matter but not obtaining a bail order. 8. On the wake of the aforesaid, we do not feel inclined to record our concurr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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