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    <title>1999 (10) TMI 724 - BOMBAY HIGH COURT</title>
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    <description>Preventive detention was held unsustainable where the detaining authority based subjective satisfaction on past cases and earlier detention orders without verifying their outcomes or considering that one case had ended in acquittal and one detention order had been quashed. Reliance on stale or unexamined antecedents amounted to non-application of mind because preventive detention must rest on relevant, current material. The related objections that the affidavit was not filed by the exact detaining authority and that the grounds cited an incorrect sub-section were not treated as fatal, since no separate mala fides were pleaded and the statutory delegation covered the action.</description>
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    <pubDate>Thu, 21 Oct 1999 00:00:00 +0530</pubDate>
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      <title>1999 (10) TMI 724 - BOMBAY HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=175308</link>
      <description>Preventive detention was held unsustainable where the detaining authority based subjective satisfaction on past cases and earlier detention orders without verifying their outcomes or considering that one case had ended in acquittal and one detention order had been quashed. Reliance on stale or unexamined antecedents amounted to non-application of mind because preventive detention must rest on relevant, current material. The related objections that the affidavit was not filed by the exact detaining authority and that the grounds cited an incorrect sub-section were not treated as fatal, since no separate mala fides were pleaded and the statutory delegation covered the action.</description>
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      <pubDate>Thu, 21 Oct 1999 00:00:00 +0530</pubDate>
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