JUDGMENT - PARKAR S.S., J.:---This petition has been filed by the uncle of the detenu by name Ajay Singh Maganlal Anjana challenging the order of detention passed under section 3(1) of the P.I.T.N.D.P.S. Act by the respondent No. 2.

2. The impugned order of detention was issued on 18-12-2001 by the respondent No. 2 and the same was executed and the detenu was taken into custody on the same day. The detenu was arrested under the provisions of the N.D.P.S. Act in Case No. 109 of 2001 on 14th June, 2001 along with two other co-accused for being found in possession of 5 kgs. of heroin. While he was in custody, the impugned order of detention was issued and the detenu was detained under the preventive detention form 18-12-2001.

3. The present petition has been filed challenging the order of detention on various grounds. However, the petition can be disposed of on the ground of non-application of mind as according to the petitioner, the Detaining Authority did not have any material before itself on the basis of which it could arrive at the subjective satisfaction that there was likelihood of the detenu being released on bail by the Court and on such release he was likely to engage himself

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