Preventive detention vitiated by withholding vital facts that could have affected the detaining authority's subjective satisfaction.

Preventive detention orders were upheld against the challenge based on non-supply of Hindi documents, as the records showed that English and Hindi compilations had been supplied and no denial of effective representation was proved. However, the orders were invalid because vital material was withheld from the detaining authority, including the detainee's complaint and FIR against police officials, which could have affected subjective satisfaction. The failure to place these relevant facts before the authority vitiated the detention. The Court also noted the lapse of time and the dismissal of the later bail application, reinforcing that the detention could not be sustained.

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Issues: (i) Whether the detention orders were vitiated for non-supply of documents in Hindi and alleged denial of effective representation. (ii) Whether the detention orders were invalid for non-placement of material facts before the detaining authority, including the petitioner's complaint and FIR against police officials, and for want of proper subjective satisfaction.

Issue (i): Whether the detention orders were vitiated for non-supply of documents in Hindi and alleged denial of effective representation.

Analysis: The original records showed that the English and Hindi documents had been supplied, and the Hindi index was found to be substantially identical to the English index. The only documents not attached with the Hindi compilation were those already available in Hindi in the English compilation. No deprivation of the right to make an effective representation was established on this ground.

Conclusion: This objection failed and the detention orders were not vitiated on this ground.

Issue (ii): Whether the detention orders were invalid for non-placement of material facts before the detaining authority, including the petitioner's complaint and FIR against police officials, and for want of proper subjective satisfaction.

Analysis: Preventive detention requires strict compliance with procedural safeguards, and the subjective satisfaction of the detaining authority is vitiated if vital facts likely to influence its decision are withheld or ignored. The petitioner had specifically pleaded prior enmity and the existence of an FIR registered at his instance against officials of the sponsoring agency. That material was within the knowledge of the sponsoring authority and ought to have been placed before the detaining authority because it could have affected the decision one way or the other. The non-placement of this vital information undermined the legality of the detention. The Court also noted that the bail application in the later NDPS case had already been dismissed and that the impugned order was passed after a substantial lapse of time, without a satisfactory explanation.

Conclusion: The detention orders were invalid and liable to be set aside on this ground.

Final Conclusion: The detention orders could not be sustained because the detaining authority's decision was tainted by withholding of material facts, and the petition was consequently allowed.

Ratio Decidendi: In preventive detention matters, withholding or failing to consider any vital material fact that could influence the detaining authority's mind vitiates the subjective satisfaction and renders the detention order invalid.

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