https://www.taxtmi.com/caselaws?id=192503 Preventive detention of a person already in custody requires the detaining authority to be aware of the custody and to rely on fresh, relevant and proximate material showing a real likelihood of release and the need to prevent prejudicial activity. Stale incidents, matters unconnected with public order, or a bare assumption that bail may be granted are insufficient. Where bail had already been refused, no subsequent application was pending, and no new prejudicial activity was shown after withdrawal of the earlier order, the record disclosed lack of proper application of mind and absence of the required subjective satisfaction. The detention order was therefore invalid and liable to be quashed. en-us Fri, 03 Mar 1989 00:00:00 +0530 Sat, 03 Jun 2017 14:11:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=192503 Preventive detention of a person already in custody requires the detaining authority to be aware of the custody and to rely on fresh, relevant and proximate material showing a real likelihood of release and the need to prevent prejudicial activity. Stale incidents, matters unconnected with public order, or a bare assumption that bail may be granted are insufficient. Where bail had already been refused, no subsequent application was pending, and no new prejudicial activity was shown after withdrawal of the earlier order, the record disclosed lack of proper application of mind and absence of the required subjective satisfaction. The detention order was therefore invalid and liable to be quashed. Case-Laws Indian Laws Fri, 03 Mar 1989 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=192503