JUDGMENT Mother of detenu Manau alias Rakesh Prasad has filed this writ petition seeking to quash Annexure-P15 order dated 18.5.1994 passed by the second respondent District Magistrate, Jabalpur under Section 3 (2) of the National Security Act, 1980. Return has been filed on behalf of the respondents. On the date when the order of detention was passed, the detenu was in judicial custody in connection with Crime No. 164 of 1994 of Kotwali Police Station, Jabalpur. The detention order and the grounds of detention were served on him in the prison. Detenu gave no representation. The detention order has been confirmed by the State Government. The Board has found adequate grounds for detention Though the petitioner has raised several contentions, we advert only to one of them since that is sufficient for disposal of this case. On the date on which the detention order was passed namely 18.5.1994, the detenu was in judicial custody in connection with Crime No. 164 of 1994 of Kotwali Police Station, Jabalpur. The grounds of detention, the return and the original records placed before us do not show that the District Magistrate applied his mind in regard to question whether the detenu is likely to be released on bail and if so, whether he is likely to indulge in acts prejudicial to public order. Non-application of mind in regard to these vital aspects vitiates the order of detention. We set aside the order of detention. We direct that detenu Manau alias Rakesh Prasad shall be released forthwith if his continual detention is not required in any other case. Petition is allowed.