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    <title>1996 (11) TMI 93 - HIGH COURT OF PUNJAB &amp; HARYANA AT CHANDIGARH</title>
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    <description>Preventive detention was found unsustainable where the record indicated mala fides, non-application of mind, and a mechanical exercise of power. The Court noted that the first chemical examination did not establish narcotic substance, the later sampling and testing was not shown to be lawful, and the detention order was delayed and served while the person was already in custody. In the absence of a convincing basis for apprehended future prejudicial activity, the detention was treated as punitive rather than bona fide preventive action, and the order was quashed.</description>
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      <description>Preventive detention was found unsustainable where the record indicated mala fides, non-application of mind, and a mechanical exercise of power. The Court noted that the first chemical examination did not establish narcotic substance, the later sampling and testing was not shown to be lawful, and the detention order was delayed and served while the person was already in custody. In the absence of a convincing basis for apprehended future prejudicial activity, the detention was treated as punitive rather than bona fide preventive action, and the order was quashed.</description>
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