https://www.taxtmi.com/caselaws?id=428493 Preventive detention requires a live and proximate link between the alleged prejudicial activity and the detention purpose, so unexplained delay in passing the order can vitiate subjective satisfaction. Here, the detention order was passed months after the proposal without explanation, breaking that nexus and rendering the order unsustainable. Subjective satisfaction is also invalid where vital facts are withheld from the detaining authority; the detenu's bail in the very cases relied upon was not disclosed, even though it materially affected the detention assessment under the NDPS regime. On both grounds, the detention order could not be sustained. en-us Fri, 30 Sep 2022 00:00:00 +0530 Mon, 03 Oct 2022 08:55:58 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=428493 Preventive detention requires a live and proximate link between the alleged prejudicial activity and the detention purpose, so unexplained delay in passing the order can vitiate subjective satisfaction. Here, the detention order was passed months after the proposal without explanation, breaking that nexus and rendering the order unsustainable. Subjective satisfaction is also invalid where vital facts are withheld from the detaining authority; the detenu's bail in the very cases relied upon was not disclosed, even though it materially affected the detention assessment under the NDPS regime. On both grounds, the detention order could not be sustained. Case-Laws Indian Laws Fri, 30 Sep 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=428493