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    <title>2008 (8) TMI 982 - BOMBAY HIGH COURT</title>
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    <description>In preventive detention, the detaining authority must first examine the material and form subjective satisfaction before the grounds of detention are prepared. Where the record shows that the authority had already decided to issue the detention order and only thereafter framed the grounds, the decision-making process is inverted and may indicate non-application of mind. On the stated facts, the endorsement to issue detention preceded preparation of the grounds, and the explanation that the material had been duly considered was not supported by the record. The detention order was therefore liable to be quashed for arbitrariness and non-application of mind.</description>
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    <pubDate>Wed, 13 Aug 2008 00:00:00 +0530</pubDate>
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      <title>2008 (8) TMI 982 - BOMBAY HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=273695</link>
      <description>In preventive detention, the detaining authority must first examine the material and form subjective satisfaction before the grounds of detention are prepared. Where the record shows that the authority had already decided to issue the detention order and only thereafter framed the grounds, the decision-making process is inverted and may indicate non-application of mind. On the stated facts, the endorsement to issue detention preceded preparation of the grounds, and the explanation that the material had been duly considered was not supported by the record. The detention order was therefore liable to be quashed for arbitrariness and non-application of mind.</description>
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