Preventive detention fails where the bail application is withheld, causing non-application of mind and violating effective representation rights.

Where a detenu is already on bail, the bail application and bail order are vital materials for the detaining authority's subjective satisfaction. Failure to place the bail application before the authority amounts to consideration without a relevant document and vitiates the detention order for non-application of mind. The same omission also impairs the detenu's constitutional right under Article 22(5) to make an effective representation. The contention that the bail application was unnecessary because the bail order reflected the same material was rejected, and the detention order was held invalid.

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Issues: Whether non-placement of the detenu's bail application before the detaining authority and non-supply of its copy to the detenu vitiated the detention order for want of application of mind and for infringement of the constitutional right to make an effective representation.

Analysis: The detenu was already on bail when the detention order was passed. The governing principle applied was that where a detenu is at liberty on bail, the bail application and the bail order are vital materials for the detaining authority's subjective satisfaction. If such material is not placed before the authority, the decision is taken without consideration of a relevant document and is vitiated by non-application of mind. The same omission also affects the detenu's constitutional opportunity to make an effective representation under Article 22(5) of the Constitution of India. The contention that the bail application was unnecessary because the bail order reflected the same material was rejected.

Conclusion: The detention order was invalid because the bail application was not placed before the detaining authority and its copy was not supplied to the detenu, resulting in violation of Article 22(5) of the Constitution of India and non-application of mind.

Ratio Decidendi: When a detenu is on bail at the time of preventive detention, the bail application and the bail order are vital documents that must be placed before the detaining authority and supplied to the detenu; failure to do so vitiates the detention order.

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