Preventive Detention -- PIT-NDPS Act -- Suppression of dismissal of bail cancellation proceedings -- Detention order vitiated under Section 3
Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988, S.3 -- Preventive Detention -- Suppression of Dismissal of Bail Cancellation Proceedings -- Preventive detention cannot be sustained where the detaining authority is kept unaware of the material fact that a bail cancellation application had already been filed and dismissed -- Suppression of such a fact vitiates the subjective satisfaction underlying the detention order and renders it unsustainable -- A situation where bail cancellation fails before a criminal court but the same person is thereafter subjected to preventive detention is antithetical in nature and cannot be permitted in law.
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