Preventive Detention -- Confession Made to Police -- Cannot alone form basis of detention order
(i) National Security Act, 1980, S.3(2) -- Preventive Detention -- Confession Made to Police -- Confessional statement made before a police officer cannot, by itself, form the satisfaction needed for an order of detention -- Independent material supporting it is required -- Such a confession is suspect, being made in police custody. (ii) National Security Act, 1980, S.3(2) -- Preventive Detention -- Material Not Supplied or Unproved -- Footage and mobile communications not placed before court or given to detenu cannot support the order -- Filing of chargesheet only reflects the opinion of the investigating agency and raises suspicion, not proof -- Nexus between material and satisfaction of detaining authority must exist. (iii) National Security Act, 1980, S.3(2) -- Preventive Detention -- Detention to Defeat Order Granting Bail -- Detention on the same facts as an ongoing prosecution, after bail is granted, needs higher scrutiny -- Material must show need to prevent future prejudicial conduct and not merely repeat allegations in the pending case -- Detention to keep detenu in custody by another route is punitive and not preventive.
LOGIN TO READCaseLawToday.com is powered by M/s Law Herald Infotech
