HANS MULLER OF NURENBURG vs SUPERINTENDENT, PRESIDENCY JAIL,CALCUTTA AND OTHERS.

The Supreme Court upheld the constitutionality of Section 3(1)(b) of the Preventive Detention Act, 1950, ruling it is not ultra vires Articles 14, 21, and 22 of the Constitution. The Court found that Parliament had the legislative competence to enact laws regarding the preventive detention of foreigners under Entry 9 and Entry 10 of the Union List. It held that the State Government could lawfully detain a foreigner in anticipation of an expulsion order from the Central Government, and that the provisions of the Preventive Detention Act align with constitutional limitations.