Preventive detention fails when subjective satisfaction is formed on incomplete material and later only reaffirmed on fuller records.

A preventive detention order under COFEPOSA is vitiated if the detaining authority formulates the grounds in advance on incomplete material and later only reaffirms that pre-set conclusion after receiving further documents. Subjective satisfaction must be based on consideration of the totality of relevant material before the order is made; a piecemeal and pre-determined exercise does not satisfy that requirement. On these facts, the detention order was held invalid and set aside, and the detenu was directed to be released forthwith unless required in another case.

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Issues: Whether a preventive detention order is vitiated when the detaining authority forms the grounds and keeps the order ready before considering all the material received, and thereafter merely reaffirms the pre-formed conclusion on successive occasions.

Analysis: The detention order was issued under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. The material before the detaining authority was received in instalments over time, but the grounds of detention had already been formulated earlier on the basis of only part of the material. The authority later reviewed the additional documents together with the earlier record, yet only to confirm the pre-existing conclusion. Such a process does not amount to arriving at subjective satisfaction on the totality of the material; it amounts to a piecemeal and pre-determined exercise, which is inconsistent with the legal requirement that all relevant material must be considered together before the order is made.

Conclusion: The detention order was invalid and was set aside. The petition succeeded and the detenu was directed to be released forthwith unless required in any other case.

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