RAGHUBANSH RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Special leave granted.

(2.) The order of detention was passed on 5/03/1986 and served on 6/03/1986 when the appellant was already in jail in connection with other cases. Even so the grounds of detention were served on 11/05/1986, i. e. more than two months after the service of the order of detention. S. 17 of the Bihar Control of Crime Act, 1981 provides that grounds of detention be served not later than five days and in exceptional circumstances and for reasons to be recorded in writing not later than ten days from the date of detention. There is clear contravention of S. 17 of the Bihar Act. The order of detention is therefore quashed. The appeal is allowed. The appellant is directed to be set at liberty forthwith.