Amritlal And Ors vs Union Government Through Secretary, ...

The Supreme Court held that detention orders under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988, cannot be issued if the detaining authority does not have cogent material indicating that the detenue is likely to be released on bail. The Court quashed the detention order, emphasizing that the authority must be aware of the detenue's custody and the potential for bail, as established in Rivadeneyta Ricardo Augustin v. Govt. of the National Capital Territory of Delhi and Kamarunnissa v. Union of India. The appeal was allowed, leading to the quashing of the detention order due to lack of sufficient justification for detention while in custody.