https://www.taxtmi.com/caselaws?id=162502 Preventive detention requires the detaining authority to consider all material facts bearing on subjective satisfaction; omission of vital facts vitiates the order. The authority must assess whether confessional statements were voluntary, whether they were obtained under duress, and whether they were promptly retracted, because those matters can affect detention on the basis of such statements. Refusal to allow lawyer's presence or consultation during interrogation and failure to produce the detenu before the Magistrate at the stated time were also relevant to voluntariness. As these facts were not placed before the authority, the decision-making process suffered from non-application of mind and the detention order was held invalid. en-us Fri, 03 Nov 1978 00:00:00 +0530 Wed, 16 Jul 2014 16:33:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=162502 Preventive detention requires the detaining authority to consider all material facts bearing on subjective satisfaction; omission of vital facts vitiates the order. The authority must assess whether confessional statements were voluntary, whether they were obtained under duress, and whether they were promptly retracted, because those matters can affect detention on the basis of such statements. Refusal to allow lawyer's presence or consultation during interrogation and failure to produce the detenu before the Magistrate at the stated time were also relevant to voluntariness. As these facts were not placed before the authority, the decision-making process suffered from non-application of mind and the detention order was held invalid. Case-Laws FEMA Fri, 03 Nov 1978 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=162502