AJAIB SINGH vs STATE OF PUNJAB

The Supreme Court held that the Additional District Magistrate, who was acting in charge of the District Magistrate's office without a formal appointment under Section 10(1) of the Code of Criminal Procedure, 1898, lacked the authority to pass a detention order under the Defence of India Act, 1962. The Court emphasized that only the State Government or an officer of equal or higher rank than a District Magistrate can exercise such powers. Consequently, the detention order was set aside as it was not in accordance with the law.