https://www.taxtmi.com/caselaws?id=196980 A preventive detention order cannot be sustained where, at the time of its execution, the detenu is in judicial custody and the record does not show that the detaining authority was aware of that custody or had considered the compelling necessity to detain despite it. Here, the order was passed while the detenu was on bail but served after surrender and custody; the authority's failure to record awareness or necessity vitiated the detention. Explanations from the executing and sponsoring authorities did not cure the defect, so the order was quashed and release directed if the detenu was not otherwise required. en-us Wed, 02 Jul 2003 00:00:00 +0530 Tue, 18 Apr 2023 14:12:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=196980 A preventive detention order cannot be sustained where, at the time of its execution, the detenu is in judicial custody and the record does not show that the detaining authority was aware of that custody or had considered the compelling necessity to detain despite it. Here, the order was passed while the detenu was on bail but served after surrender and custody; the authority's failure to record awareness or necessity vitiated the detention. Explanations from the executing and sponsoring authorities did not cure the defect, so the order was quashed and release directed if the detenu was not otherwise required. Case-Laws Indian Laws Wed, 02 Jul 2003 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=196980