Preventive detention based on irrelevant material is vitiated by non-application of mind and cannot be sustained.

Preventive detention must be based on real and proximate relevant material supporting the detaining authority's subjective satisfaction. Where irrelevant documents are taken into account, the satisfaction is tainted and the detention order is vulnerable for non-application of mind. On the stated facts, loose sheets and a panchnama relating to the alleged supplier's address were treated as having no relevance to the detention decision, so the order was held liable to be quashed and could not be sustained.

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Issues: Whether the detention order was vitiated because the detaining authority relied upon irrelevant material, thereby showing non-application of mind.

Analysis: A preventive detention order must rest on real and proximate relevant material supporting the detaining authority's subjective satisfaction. If irrelevant documents are taken into account, the satisfaction is tainted and the order is vulnerable. On the facts, some of the relied upon documents, including loose sheets and the panchnama concerning the alleged supplier's address, were found to have no relevance to the detention decision.

Conclusion: The detention order was vitiated by consideration of irrelevant material and was liable to be quashed; the issue is answered in favour of the petitioner.

Final Conclusion: The writ petition succeeded and the preventive detention order could not be sustained.

Ratio Decidendi: Consideration of irrelevant material in forming subjective satisfaction for preventive detention amounts to non-application of mind and vitiates the detention order.

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