Words and phrases -- "for such period as it thinks fit" - Preventive detention - Does not confer absolute power but signifies structrued discretion to be exercised rationally and proportiontely. (Para 9(i))
Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988, Section 9(f) — Preventive detention - Dual discreation - Firstly, it must independently adjudicate upon substantive necessity of continuing preventive detention and secondly, it must qualitatively calibrate and justify precise temporal duration of...
Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988, Section 9(f) — Preventive detention — Confirmation of detention — Appropriate Government/ Confirmatory Authority cannot treat positive/affirmative opinion of Advisory Board as mechanical mandate for continued incarceration - Advisory Board’s finding is merely...
Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988, Section 9(f) — Preventive detention — Confirmation of detention — The Appropriate Government/Confirmatory Authority must record a speaking, reasoned order demonstrating independent application of mind both to the necessity of continued detention and...
Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988, Section 9(f), Constitution of India, Article 22(4) — Preventive detention — Advisory Board’s opinion — Effect — Negative report from Advisory Board leaves government with no choice but to immediately release detenue, positive...
Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988, Section 9(f) — Quashing of confirmation order — Non-application of mind — Upon opinion of concerned Advisory Board detention order was passed - Where confirmation order discloses no reasons either for continuation or...
Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988, Section 9(f), Constitution of India, Article 22(4) — Advisory Board — Role — Advisory Board functions as quasi-judicial bulwark scrutinising executive’s subjective satisfaction, yet its positive opinion does not substitute Government’s duty to...
