https://www.taxtmi.com/caselaws?id=196860 Preventive detention based on subjective satisfaction is invalid if the detaining authority fails to consider material and vital facts that could influence the decision. In a pending prosecution, the record of that case, including bail applications, pre-charge evidence and the order on charge, is relevant and must be placed before and assessed by the detaining authority. Non-consideration of such material, especially where the accused has not been enlarged on bail, amounts to non-application of mind and vitiates the detention decision, making it liable to be quashed. en-us Thu, 28 Apr 1983 00:00:00 +0530 Sat, 09 Jun 2018 11:58:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=196860 Preventive detention based on subjective satisfaction is invalid if the detaining authority fails to consider material and vital facts that could influence the decision. In a pending prosecution, the record of that case, including bail applications, pre-charge evidence and the order on charge, is relevant and must be placed before and assessed by the detaining authority. Non-consideration of such material, especially where the accused has not been enlarged on bail, amounts to non-application of mind and vitiates the detention decision, making it liable to be quashed. Case-Laws Customs Thu, 28 Apr 1983 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=196860