MOHD KAREEM Vs. STATE OF U P

JUDGEMENT

(1.) ON 30-12-1999 the impugned order of detention against the petitioner under Section 3 (1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988, was passed by the State Government.

(2.) THE ground of detention indicates that at relevant time the bail application of the petitioner was pending before the Hon'ble High Court. THE petitioner had asserted in the writ petition that on 15-9- 1999 Hon'ble High Court, rejected the bail application of the petitioner and no bail application preferred by him was pending at the time the order of detention was passed. THE main intention or object of the detention without trial is to prevent a per son from indulging into prejudicial ac tivities. But certainly in a situation, where a person is likely to be released from deten tion, an order of detention can be passed. But if a person is incapacitated due to his detention and is already in jail, how he would indulge into prejudicial activities.

(3.) IN view of the aforesaid situation we are of the view that the detention of the petitioner is bad for the reason the State Government did not apply its mind over the fact that the petitioner was already under detent-'on and could not have been released on bail and indulge into any prejudicial activities.