https://www.taxtmi.com/caselaws?id=385665 Preventive detention of a person already in judicial custody is sustainable only where the detaining authority has reliable material showing a real and imminent possibility of release on bail and a likely continuation of prejudicial activity. A bare assertion of imminent release, without cogent supporting material or a pending bail application, is insufficient and amounts to ipse dixit. The commentary also notes that all germane material, including a witness's retraction petition, must be placed before and considered by the authority; omission of such material can render the subjective satisfaction incomplete and defective, exposing the detention order to challenge. en-us Fri, 02 Aug 2019 00:00:00 +0530 Mon, 11 Nov 2024 15:27:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=385665 Preventive detention of a person already in judicial custody is sustainable only where the detaining authority has reliable material showing a real and imminent possibility of release on bail and a likely continuation of prejudicial activity. A bare assertion of imminent release, without cogent supporting material or a pending bail application, is insufficient and amounts to ipse dixit. The commentary also notes that all germane material, including a witness's retraction petition, must be placed before and considered by the authority; omission of such material can render the subjective satisfaction incomplete and defective, exposing the detention order to challenge. Case-Laws Customs Fri, 02 Aug 2019 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=385665