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District Magistrate and Another v/s Kulbir Chand

    Criminal Appeal No. 411 of 1987
    Decided On, 28 August 1987
    At, Supreme Court of India
    By, HON'BLE JUSTICE A. P. SEN AND HON'BLE JUSTICE L. M. SHARMA
   


Judgment Text
1. Special leave granted. Arguments heard


2. After hearing learned counsel for the parties, we are distressed to find that three was complete non-application of mind on the part of the learned Judges. While it is true that they were entitled to come to a particular conclusion upon the facts of a given case, they could not possible have quashed the impugned order of detention merely on the ground that detention orders in similar cases had earlier been revoked. Each case has no be decided on its own facts. Accordingly, the appeal succeeds and is allowed. The judgment and order of the High Court are set aside and it is directed to dispose of the writ petition as exped

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itiously as possible; and in any event, not later than four weeks from today.