https://www.taxtmi.com/caselaws?id=191208 Preventive detention is an exceptional power and cannot replace ordinary criminal prosecution where the alleged conduct is already punishable under the ordinary law. The Court held that allegations of bootlegging and illicit distillation, even if proceedings under prohibition law would take time, did not justify detention unless the preventive object was genuinely necessary and ordinary criminal process was insufficient. Strict scrutiny is required because Articles 19 and 21 protect personal liberty. The detention order was therefore not sustainable and was quashed. en-us Thu, 05 Jan 2012 00:00:00 +0530 Mon, 13 May 2019 10:50:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=191208 Preventive detention is an exceptional power and cannot replace ordinary criminal prosecution where the alleged conduct is already punishable under the ordinary law. The Court held that allegations of bootlegging and illicit distillation, even if proceedings under prohibition law would take time, did not justify detention unless the preventive object was genuinely necessary and ordinary criminal process was insufficient. Strict scrutiny is required because Articles 19 and 21 protect personal liberty. The detention order was therefore not sustainable and was quashed. Case-Laws Indian Laws Thu, 05 Jan 2012 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=191208