' ZA KIUDDIN PAL, J.-The petitioner who is also detenu in this case is reported to have been involved in six criminal cases registered against him under various substantive provisions of law. The first case registered against him dates back to 1969 when he was allegedly challaned under Excise Act.
The correctness of the lift of the cases has been challenged by the learned counsel for the petitioner mainly on the ground that he being at present of 17 years of age it is next to impossible to believe that he started his criminal life at 8 years. In support of this contention he has placed on recored his School Leaving Certificate dated 31-3-1972 which shows the date of birth of the detenu to be 6th of December 1961. It means that at present he is about 17 years of age. The Police Officer concerned who is present in the Court has not been able to answer this aspect satisfactorily. He has admitted that before any report was submitted about his detention the detenu was not seen by him. This prima facie proves the apprehension of the petitioner that instead of some other person he has been unnecessarily put under detention.
2. Further, the detention order was issued on Ist of March 1978 which was to take effect on 17th of April 1978. The present is a case of preventive detention and if any such order is not to take effect immediately then the very purpose thereof will be defeated. Since the detention order was to take effect after about one and a half month it means the authorities concerned were not keen about the detention of the petitioner.
3. In view of the above, we do not find any sufficient material on record for detaining the petitioner.
The detention order passed against him is hereby set aside. He shall be released forthwith if not required in any other case.