2005 (3) TMI 778

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..... of the State Government in this appeal primarily is that the High Court erred in quashing the detention order on the ground that some of the instances relied upon by the detaining authority be ing stale the entire detention order becomes invalid. So far as this grievance of the appellant-State is concerned the same is since addressed to by us in our judgment in the case of The Collector District .....

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..... al course, the very same reasons would have been sufficient to dispose of this appeal also without interfering with the order of the High Court. But, Mr. M.N. Rao, learned senior counsel appearing for the respondent submitted that there is another question of law which requires consideration arising from the facts of this case which also may be decided in this case since the same issue arises very .....

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..... fore it that the alleged manufacture, transport or sale of arrack was unfit for human consumption and if it is based on that material, the detaining authority wants to pass the order of detention then copies of such material based on which he forms the opinion that the arrack so sold by him is dangerous to public health, must also be given to the detenu otherwise the detenu will not be in a positi .....

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..... ng, transporting or selling arrack unfit for human consumption is necessary. We do not think this argument of the learned counsel can be accepted. If the detention is on the ground that the detenu is indulging in manufacture or transport or sale of arrack then that by itself would not become an activity prejudicial to the maintenance of public order because the same can be effectively dealt wit .....

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..... judicial to the maintenance of public order attracting the provisions of the Act. It must be held that it is obligatory for the detaining authority to provide the material on which it has based its conclusion on this point. Therefore, we are in agreement with the High Court that if the detaining authority is of the opinion that it is necessary to detain a person under the Act to prevent him from i .....

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