Constitution of India, 1950
Article 226—Order of detention passed under Kerala Anti-Social Activities (Prevention) Act—Challenged—Generalization of the crime and its impact on the society at large though may not be valid but will be relevant when it relates to a particular crime committed by the detenue—Sentence imposed have to be taken into account with reference to the particular nature of the crime committed by the detenue—If the individual cases highlighted do not disclose any relation to the ‘public order’ contemplated to be secured by such detention order, the detention will become illegal—Mere possession of a narcotic substance cannot be construed as part of stock unless it is manifested with evidence of intention to sell—One might have kept such substance for person use—Word “stocks” occurring in Section 2 (i) of the Kerala Anti-Social Activities (Prevention) Act must be in such a nature kept in possession not for personal use—If any element of commercial motive surfaces, no doubt such “stocks” shall be classified as acts affecting public order—Detaining authority is bound to examine the nature of offences in relation to the public order while passing detention orders—Any aberration of an individual in the form of commission or omission may attract penal law which may also result in law and order but not necessarily action need to border on public order—Preventive detention law cannot be used as a punitive measure and as a substitute of criminal trial—What cannot be achieved through a trial cannot be achieved through preventive detention—It can be invoked only for maintenance of public order when activities of a person become threat or adverse to the society—Detaining authority failed to address the issue keeping the perspective of the objectives to be secured under the Act—Detention order declared to be illegal.
[Paras 9 & 10]