DEVI LAL MAHTO vs STATE OF BIHAR AND ANR.

The Supreme Court held that a preventive detention order under Section 3(2) and 3(3) of the National Security Act, 1980 is invalid if the detaining authority is unaware that the detenu is already in jail, as this indicates a lack of application of mind. The Court found that the order was mechanically made without consideration of the detenu's existing custody, leading to its quashing. Additionally, the Court noted that the delay of 21 days in examining the detenu's representation further vitiated the order, which should have been approved within 12 days as mandated by Section 3(4).