New Delhi: Observing that preventive detention can’t be used just to prolong the custody of stubborn offenders, the SC has said it cannot be invoked because there is apprehension that an accused may not mend ways and commit another crime after getting bail. SC said if an accused commits fresh offence while on bail, then it can be handled under ordinary law by seeking cancellation of bail or by challenging bail in higher courts, but it cannot be the sole reason for ordering preventive detention.
Quashing the preventive detention of a woman facing 3 cases under NDPS Act, the court held “mere apprehension on the part of the detaining authority that in the event of the detenu being released on bail, she was likely to indulge in similar crimes that would be prejudicial to maintenance of public order would not be a sufficient ground to order her preventive detention”. In this case, the accused was in judicial custody but the Hyderabad collector had ordered to detain her if she gets bail to prevent her from committing crime.
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