ABHAY SHRIDHAR AMBULKAR vs S.V. BHAVE, COMMNR. OF POLICE .

The Supreme Court dismissed the Special Leave Petition but allowed the Writ Petition, quashing the Government order dated 6th January 1990 and the subsequent detention order as being without authority of law. The Court held that the subjective satisfaction required for exercising powers under sub-section (3) of Section 3 must be based on circumstances prevailing at the time of the order or those likely to prevail in the future. The use of the disjunctive 'or' in the Government order indicated a lack of application of mind by the State Government, leading to the conclusion that the order was invalid.