Indian Kanoon - Search engine for Indian Law

As observed in Rex v. Hallidy 1917 AC 260: "....Preventive detention is largely precautionary and based on suspicion. The Court was a least appropriate Tribunal to investigate into circumstances of suspicion on which such anticipatory action must be largely based...". In the facts of the present case where even a criminal complaint was not stated to have been filed, the question of examining the possibility of the petitioner being released on bail was too remote and far-fetched. It also needs to be noted that the provisions of Section 12-AA of the Essential Commodities Act were stated to be no longer on the statute book. Therefore, the impugned order cannot be set aside on the ground that the petitioner could have been prevented from carrying on the illegal activity by resorting to other penal provisions.