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    <title>2012 (10) TMI 505 - Supreme Court</title>
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    <description>Preventive detention was upheld where the detaining authority knew the detenu was in custody but had already been granted bail and had not availed it, since that showed an imminent possibility of release and supported subjective satisfaction on relevant material. Reference to co-accused retractions was treated as factual narration, and the detention order was not vitiated because the record did not show impermissible reliance on incomplete or irrelevant material. The earlier writ petition dismissal did not bar the present challenge, as res judicata did not operate as an absolute bar in this personal liberty context. The SC therefore upheld the detention order and rejected interference.</description>
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    <pubDate>Fri, 12 Oct 2012 00:00:00 +0530</pubDate>
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      <title>2012 (10) TMI 505 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=217567</link>
      <description>Preventive detention was upheld where the detaining authority knew the detenu was in custody but had already been granted bail and had not availed it, since that showed an imminent possibility of release and supported subjective satisfaction on relevant material. Reference to co-accused retractions was treated as factual narration, and the detention order was not vitiated because the record did not show impermissible reliance on incomplete or irrelevant material. The earlier writ petition dismissal did not bar the present challenge, as res judicata did not operate as an absolute bar in this personal liberty context. The SC therefore upheld the detention order and rejected interference.</description>
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      <pubDate>Fri, 12 Oct 2012 00:00:00 +0530</pubDate>
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