Preventive detention principles: custody, document supply and delay do not invalidate detention when subjective satisfaction is properly formed.

Preventive detention may be sustained even where the detenu is already in judicial custody if the authority has cogent material showing likely release on bail and a real need to prevent future prejudicial activity. The material indicates that custody alone does not defeat detention where subjective satisfaction is properly formed on the facts. Only documents actually relied upon by the detaining authority need be supplied for an effective representation under Article 22(5); incidental or unrelated documents need not be furnished. Delay in issuing the detention order or in dealing with the representation will not invalidate detention where a satisfactory explanation is shown.

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Issues: (i) whether the detention order was vitiated because it was passed while the detenu was already in judicial custody and without proper subjective satisfaction as to the likelihood of release and future prejudicial conduct; (ii) whether non-supply of alleged relevant or legible documents, or reliance on allegedly irrelevant material, deprived the detenu of an effective representation under Article 22(5); (iii) whether delay in passing the detention order and delay in considering the representation vitiated the detention.

Issue (i): whether the detention order was vitiated because it was passed while the detenu was already in judicial custody and without proper subjective satisfaction as to the likelihood of release and future prejudicial conduct.

Analysis: The Court found that the detenu had evaded the authorities and had approached the High Court at Calcutta to avoid proceedings. On the material placed before the detaining authority, there was sufficient basis to conclude that detention was necessary notwithstanding the existing custody, and that there was a likelihood of release on bail followed by prejudicial activity. The requirement of compelling necessity was treated as satisfied on the facts.

Conclusion: The challenge on the ground of prior judicial custody failed.

Issue (ii): whether non-supply of alleged relevant or legible documents, or reliance on allegedly irrelevant material, deprived the detenu of an effective representation under Article 22(5).

Analysis: The Court held that only documents actually relied upon by the detaining authority needed to be supplied, and that failure to furnish every document referred to incidentally would not vitiate the detention. On the facts, the documents supplied were treated as sufficient, and the contention that the detaining authority had relied on irrelevant material or had not applied its mind was rejected. The Court also held that the detention grounds, read as a whole, adequately supported the order under the preventive detention law.

Conclusion: The challenge based on non-supply of documents and alleged non-application of mind failed.

Issue (iii): whether delay in passing the detention order and delay in considering the representation vitiated the detention.

Analysis: The Court accepted the explanation that the matter involved voluminous material and a chain of investigation concerning several persons, and held that the lapse of time did not by itself invalidate the order. The Court also accepted the explanation for the time taken in dealing with the representations and found no undue delay sufficient to invalidate the detention.

Conclusion: The challenges based on delay were rejected.

Final Conclusion: The detention was upheld and the writ petition was dismissed, as none of the constitutional or procedural grounds established by the detenu was accepted.

Ratio Decidendi: In preventive detention cases, custody at the time of the order does not by itself invalidate detention if the authority is satisfied on cogent material that release on bail is likely and detention is necessary, and only documents relied upon by the detaining authority must be supplied to ensure an effective representation.

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