https://www.taxtmi.com/caselaws?id=159602 The Supreme Court clarified that while the detaining authority is not obligated to invariably assess the likelihood of prosecution before detention, it is not irrelevant either. The Court emphasized the distinction between preventive detention and punitive detention, highlighting that the mere possibility of prosecution does not automatically render a detention order invalid. The detaining authority must demonstrate that it applied its mind to the necessity of preventive detention in each case. In this specific case, the order of detention was deemed valid as there was no evidence of a lack of application of mind by the detaining authority. en-us Mon, 23 Jul 1979 00:00:00 +0530 Mon, 04 Aug 2014 10:41:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=159602 The Supreme Court clarified that while the detaining authority is not obligated to invariably assess the likelihood of prosecution before detention, it is not irrelevant either. The Court emphasized the distinction between preventive detention and punitive detention, highlighting that the mere possibility of prosecution does not automatically render a detention order invalid. The detaining authority must demonstrate that it applied its mind to the necessity of preventive detention in each case. In this specific case, the order of detention was deemed valid as there was no evidence of a lack of application of mind by the detaining authority. Case-Laws Customs Mon, 23 Jul 1979 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=159602