Preventive detention upheld where reasoned subjective satisfaction supported a likelihood of bail and renewed prejudicial activity.

Preventive detention is valid where the Detaining Authority records reasoned subjective satisfaction on relevant material that a person already in custody is likely to be released on bail and may resume prejudicial activity. The Court found that the authority knew the detenu was in custody, noted an earlier withdrawn bail petition, considered bail being granted in similar cases, and specifically recorded reasons for apprehending release and preventing further smuggling. The detention order was therefore not vitiated for want of application of mind, and the challenge to the likelihood of release on bail failed.

---

---

Issues: Whether the detention order was vitiated for want of application of mind by the Detaining Authority, and whether there was material to support the conclusion that the detenu was likely to be released on bail.

Analysis: Preventive detention under the Act depends on the Detaining Authority's subjective satisfaction based on relevant material. The Court found that the authority was aware that the detenu was already in custody and had earlier moved a bail petition which was withdrawn. The record also showed that in similar cases bail orders were being granted, and the authority specifically recorded reasons for apprehending release on bail and the need to prevent further smuggling activity. Such satisfaction, when supported by material, is not to be interfered with merely because the detenu had no pending bail application on the date of detention.

Conclusion: The detention order was not invalid on the ground urged, and the challenge to the finding of imminent possibility of release on bail failed.

Final Conclusion: The preventive detention was upheld and the appeal failed.

Ratio Decidendi: A preventive detention order is sustainable when the Detaining Authority records a reasoned subjective satisfaction, based on relevant material, that a person already in custody is likely to be released on bail and to revert to prejudicial activities.

---