LATIF ADAM Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The detention of the detenu has been challenged by filing this petition on various grounds but as we are inclined to quash the detenion order on the ground that the fact that the detenu was in judicial custody when the order was passed does not appear to have been properly considered by the detaining authority, we do not propose to go into the other grounds urged in the Memo of Petition.

(2.) It is a fact, as stated earlier, that the detenu was in judicial custody on 8-7-1986 when the order of detention was passed. In the grounds of detention, Annexure 'B', at internal page 14, it is stated at the bottom that the detaining authority was aware that the detenu was arrested and remanded to judicial custody, that he filed a bail application and Subsequently he withdrew the same. This is only a bare statement made in the grounds about the fact that the detenu was in judicial custody and had filed an application for bail and it was subsequently withdrawn. Except this bare statement made in the ground there is nothing in the grounds of detention which would show that the detaining authority had considered properly this aspect, viz. that the detenu was in judicial custody and that he had already withdrawn his bail application filed earlier.

(3.) The learned Counsel for the petitioner has drawn our attention to a very recent decision of the Supreme Court reported in Binod Singh v. District Magistrate, Dhanbad, AIR 1986 SC 2090 in support of his contention that the detention order should be quashed on the ground urged by him. It appears from the facts of the case before the Supreme Court that the detenu was not in jail when the order of detention was passed, but the detenu thereafter surrendered and when he was in judicial custody, the order of detention was served. In that case, the Supreme Court quashed the order of detention on the ground that there was nothing on record to show that before the service of the order, this aspect was properly considered by the detaining authority.