https://www.taxtmi.com/caselaws?id=279537 Preventive detention was held unsustainable where vital material relied on for subjective satisfaction was not supplied or properly considered. The detaining authority relied on earlier adjudication orders and seized documents, but the sponsoring authority withheld material facts about a conditional stay and a prior setting aside and remand, while diary pages, CPU contents and other seized material were not furnished pari passu. The detention also rested on an unsupported allegation of harbouring smugglers and an unexplained reference to pending prosecution. Such non-disclosure and lack of tangible material violated Article 22(5) and rendered the detention order invalid, leading to release unless required in another case. en-us Tue, 01 Mar 2011 00:00:00 +0530 Sat, 23 Mar 2019 10:57:40 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=279537 Preventive detention was held unsustainable where vital material relied on for subjective satisfaction was not supplied or properly considered. The detaining authority relied on earlier adjudication orders and seized documents, but the sponsoring authority withheld material facts about a conditional stay and a prior setting aside and remand, while diary pages, CPU contents and other seized material were not furnished pari passu. The detention also rested on an unsupported allegation of harbouring smugglers and an unexplained reference to pending prosecution. Such non-disclosure and lack of tangible material violated Article 22(5) and rendered the detention order invalid, leading to release unless required in another case. Case-Laws Indian Laws Tue, 01 Mar 2011 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=279537