Preventive detention fails when vital later complaint and FIR are withheld from the detaining authority and detenu, violating Article 22(5).

In preventive detention, later complaint and FIR based on the same factual recovery as the detention grounds were vital material because they could have affected the detaining authority's subjective satisfaction. Non-placement of those documents before the detaining authority amounted to non-consideration of relevant material and thus non-application of mind. Their non-supply to the detenu also impaired the constitutional right to make an effective representation under Article 22(5). The detention order was therefore vitiated and quashed.

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Issues: Whether the non-placement before the detaining authority of the later complaint and FIR based on the same factual recovery as the grounds of detention, and the non-supply of those documents to the detenu, vitiated the preventive detention order for non-application of mind and breach of the right to make an effective representation under Article 22(5) of the Constitution of India.

Analysis: The later complaint and FIR recited the same core allegations and recovery particulars as the grounds of detention, differing only in the subsequent criminal registration under the Indian Penal Code instead of the Customs Act. Since those documents were capable of influencing the detaining authority's subjective satisfaction either way, they constituted vital material. The failure to place them before the detaining authority amounted to non-consideration of relevant material and therefore non-application of mind. Their non-supply to the detenu also impaired the constitutional right to make an effective representation at the earliest opportunity.

Conclusion: The detention order was vitiated and liable to be quashed in favour of the petitioner.

Ratio Decidendi: In preventive detention, failure to place before the detaining authority material documents that are relevant and capable of affecting subjective satisfaction, and failure to supply them to the detenu, vitiates the detention for non-application of mind and breach of Article 22(5).

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