Detention order invalidated for failure to consider co-detenu Advisory Board report as a material circumstance.

Detention order was held vitiated because the detaining authority was not placed with, and did not consider, the Advisory Board report in the co-detenu's case. The report was a material circumstance relevant to the detention decision, and its non-placement meant the authority acted without considering an important document. That omission was treated as fatal to the detention order, which was quashed and the detenu directed to be released forthwith if not required in any other case.

---

---

Issues: Whether the detention order was vitiated by the detaining authority's failure to be placed with and consider the Advisory Board report concerning the co-detenu.

Analysis: The record did not show that the Advisory Board's report in the co-detenu's case was placed before the detaining authority. The absence of that material meant that the authority could not have considered a relevant circumstance bearing on the detention decision. Such non-placement and non-consideration of a material document was treated as fatal to the detention order.

Conclusion: The detention order was quashed and the detenu was entitled to release forthwith, if not required in any other case.

---