Preventive Detention

Detention order

— Detenu already in jail or custody — Imminent possibility or likelihood of detenu being released on bail — Drawing conclusion in respect of — Requirement for — Held, the only requirement is that the detaining authority should be aware that the detenu is already in custody and is likely to be released on bail — Said conclusion is subjective satisfaction of detaining authority based on materials which is normally not to be interfered with by court — In the present case, statement of detaining authority that in similar cases orders granting bail were passed by various courts, not disputed by detenu — Hence, challenge to conclusion drawn by detaining authority that there was likelihood of detenu being released on bail, not sustainable, (2006) 7 SCC 603-A

Preventive Detention

Representation to Appropriate Authority/Govt.

— Non-consideration of one of the several representations — Six representations made — Plea taken that representation dated 25-9-2005 received by the detaining authority on 26-9-2005 had not been considered though the Govt. approved the order of detention only on 2-10-2005 — On verification of the registered post register it was noticed that no representation either from the detenu or on his behalf was received through registered post between 25-9-2005 and 30-9-2005 — Hence, challenge to detention order on basis of the aforesaid plea, not sustainable, (2006) 7 SCC 603-B