Preventive Detention

Detention order

— Non-application of mind — Detenu alleged to be a <169>goonda<170>, habitually committing crime and also acting in a manner prejudicial to the maintenance of public order — Word <169>goonda<170> as defined in the Act — Meaning — <169>Habitually<170> commits, offences — Meaning of word <169>habitually<170> — Grounds of detention referring to only one incident — In absence of any material showing that detenu was habitually committing crimes, held on facts, detenu was not covered by the definition of <169>goonda<170> — Hence order of detention cannot be maintained, (2006) 6 SCC 14