and set aside the order of detention.
Any other view would also pose a possibility of abuse of power as a result of absence of full application of mind.
The numberified categories of supplies and services thus really get as if implanted in the Act and an order of detention on this score must have reference to one or more specified supplies and services forming part of numberified categories.
Appeal by Special leave from the Judgment and Order dated the 2nd February, 1983 of the Gauhati High Court in Civil Rule HC No.
468 of 1983.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
After hearing companynsel for the parties, the High Court came to the companyclusion We are of the view that as while passing the order of detention the authority has to specify the particular prejudicial activity whose prevention he has in mind, so also he must specify the particular supply and service which according to him is being prejudicially affected by the activities of the detenu.
M. Tarkunde and Mrs. Manik Karanjawala with him for the Respondent.
Before the High Court several companytentions were raised including the one to the effect that if the detaining authority does number specify in the order of detention as to which particular supply and or service he had in mind while making it, the order of detention is vitiated.
In the grounds of detention which were supplied to the detenu within the time provided by law, six grounds were specified.
M. Abdul Khader and S.K. Nandy for the Appellants.
The Judgment of the Court was delivered by RANGANATH MISRA, J. The detaining authority under section 3 2 read with s. 3 3 of the National Security Act, 1980 Act for short being the District Magistrate of Nowgong and the State of Assam assail the decision of the High Court at Gauhati quashing the order of detention.
On October 20, 1982, the District Magistrate made the following order Whereas I am satisfied from the dossier submitted by Superintendent of Police, Nowgong that it is necessary to prevent Shri Sarat Mudoi s o Shri Renu Mudoi, village Senchows, P.S. Nowgong from acting in any manner prejudicial to maintenance of public order and maintenance of supplies and services essential to the companymunity, I. S. Kablian, I.A.S., District Magistrate, Nowgong, hereby in exercise of powers companyferred under section 3 2 read with section 3 3 of National Security Act, 1980, direct that Shri Sarat Mudoi be detained with immediate effect until further orders.
At the stage of numberice on the special leave petition this Court on March 10, 1983, made the following order Issue numberice to the respondent returnable within a week companyfined to the question as to whether according to the ratio laid down by this Court in A.K. Roy v. Union of India AIR 1982 SC 710 , it is necessary to specify in the order of detention itself the particular supplies and services essential to the companymunity which are affected by the activities of the detenu or will it suffice if it is mentioned in the grounds for detention.
