MAKHAN SINGH TARSIKKA vs THE STATE OF PUNJAB.

The Supreme Court ruled that under the Preventive Detention Act, 1950, as amended in 1951, the government must determine the period of detention only after receiving a report from the Advisory Board, thus invalidating any initial order that fixes a detention period prior to such a reference. The Court emphasized that deprivation of personal liberty requires strict adherence to legal procedures, and any deviation that prejudices the detainee's case is impermissible. The petitioner was ordered to be released as the detention order was found to be contrary to the provisions of the amended Act.