Judgment

BHAGWATI, J.:- This petition is directed against the validity of an order of detention dated 26th July, 1972 made by the District Magistrate, Midnapur under Section 3 of the Maintenance of Internal Security Act, 1971. The petitioner has urged several grounds before us, but it is not necessary to refer to them since there is one ground which is, in our opinion, sufficient to dispose of the petition in favour of the petitioner. To appreciate this ground it is necessary to notice a few facts.

2. The order of detention was made by the District Magistrate on 26th July, 1972 and on the same day he made a report to the State Government. The State Government approved the order of detention on 5th August, 1972 and a report was made by it to the Central Government on the same day. It appears that the petitioner was absconding and he could not, therefore, be arrested pursuant to the order of detention until 24th October, 1972. When the petitioner was arrested on 24th October, 1972, the order of detention was served on him along with the grounds of detention. The State Government thereafter placed the case of the petitioner before the Advisory Board for its opinion and the Advisory Boar