https://www.taxtmi.com/caselaws?id=182629 In preventive detention matters, there is no inflexible rule that every bail application and every bail order must be placed before the detaining authority. They are material only if they contain facts capable of affecting the authority's subjective satisfaction. On the facts here, the detaining authority knew the detenu was in custody, but the bail order's record that the Public Prosecutor had no objection to bail was a vital circumstance that should have been considered. Non-consideration of that material fact vitiated the detention order, which was therefore set aside. en-us Mon, 19 Aug 2002 00:00:00 +0530 Mon, 16 May 2016 12:33:14 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=182629 In preventive detention matters, there is no inflexible rule that every bail application and every bail order must be placed before the detaining authority. They are material only if they contain facts capable of affecting the authority's subjective satisfaction. On the facts here, the detaining authority knew the detenu was in custody, but the bail order's record that the Public Prosecutor had no objection to bail was a vital circumstance that should have been considered. Non-consideration of that material fact vitiated the detention order, which was therefore set aside. Case-Laws Customs Mon, 19 Aug 2002 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=182629