https://www.taxtmi.com/caselaws?id=192437 In preventive detention under the COFEPOSA Act, a declaration under Section 9 must be based on full and fair consideration of all vital material bearing on the detaining authority's subjective satisfaction. A rejecting order on a bail application was treated as a relevant judicial document because it directly affected the detenu's custody status and could influence whether the declaration should be made. The authority's admitted failure to place and consider that order before making the declaration meant that a material document was omitted from the decision-making process. On that reasoning, the declaration was held vitiated and the continued detention unsustainable. en-us Wed, 21 Dec 1988 00:00:00 +0530 Thu, 01 Jun 2017 12:47:47 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=192437 In preventive detention under the COFEPOSA Act, a declaration under Section 9 must be based on full and fair consideration of all vital material bearing on the detaining authority's subjective satisfaction. A rejecting order on a bail application was treated as a relevant judicial document because it directly affected the detenu's custody status and could influence whether the declaration should be made. The authority's admitted failure to place and consider that order before making the declaration meant that a material document was omitted from the decision-making process. On that reasoning, the declaration was held vitiated and the continued detention unsustainable. Case-Laws Customs Wed, 21 Dec 1988 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=192437