Preventive detention in custody requires cogent proof of imminent bail release; bare assertions will vitiate the order.

A preventive detention order against a person already in judicial custody is sustainable only where the detaining authority records cogent material showing a real and imminent possibility of release on bail; a bare or mechanical recital is insufficient. Reliance on similar cases or co-accused bail must be supported by particulars so that the satisfaction is not a mere ipse dixit. On the facts, the detention grounds did not state that either detenue had a pending bail application or otherwise show imminent release, so the constitutional and statutory threshold was not met. The detention orders were therefore quashed.

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Issues: Whether the preventive detention orders could be sustained when the detenues were already in judicial custody and the detaining authority had not recorded a reasoned satisfaction on the imminent possibility of their release on bail.

Analysis: Preventive detention is an exceptional measure and, where the proposed detenu is already in custody, the authority must show awareness of a real and imminent possibility of release. A bald or mechanical recital is insufficient. The governing principle requires the detaining authority to record cogent material showing likelihood of release on bail, and where reliance is placed on similar cases or co-accused bail, details must be supplied so that the satisfaction is not a mere ipse dixit. On the facts, the detention grounds did not state that either detenue had a pending bail application or that there was material showing an imminent likelihood of release. The reasons recorded were therefore inadequate to meet the constitutional and statutory threshold for preventive detention.

Conclusion: The detention orders were not sustainable and were quashed and set aside.

Final Conclusion: The challenge to the preventive detention orders succeeded, and the detenues were directed to be released forthwith if not required in any other case in accordance with law.

Ratio Decidendi: A preventive detention order against a person already in custody is valid only if the detaining authority records cogent material showing a real and imminent possibility of release on bail; a bare assertion without particulars is insufficient and vitiates the order.

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