SUDHIR KUMAR SAHA vs COMMISSIONER OF POLICE, CALCUTTA & ANR.

The Supreme Court ruled that the detention of the petitioner under Section 3(2) of the Preventive Detention Act, 1950, was unlawful as the incidents leading to his detention were isolated and did not constitute a threat to 'public order' as required by the Act. The Court emphasized that the power of preventive detention is exceptional and should not replace ordinary legal processes. Consequently, the petitioner was entitled to release as the acts were merely prejudicial to 'law and order'.