Ranganath Misra, J. - (1.) The detaining authority under Section 3(2) read with Section 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.
(2.) 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 community I. S. Kablian I.A.S., District Magistrate, Nowgong, hereby in exercise of powers conferred 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".
(3.) In the grounds of detention which were supplied to the detenu within the time provided by law, six grounds were specified. Before the High Court several contentions were raised including the one to the effect that if the detaining authority does not 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. After hearing counsel for the parties, the High Court came to the conclusion, "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. The notified 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 notified categories. Any other view would also pose a possibility of abuse of power as a result of absence of full application of mind." and set aside the order of detention.;