BORJAHAN GOREY vs THE STATE OF WEST BENGAL

The Supreme Court held that detention under Section 3 of the Maintenance of Internal Security Act, 1971, is justified even if the facts of the case fall under Sections 109 and 110 of the Code of Criminal Procedure, as the two jurisdictions are distinct. The Court emphasized that the Act aims to prevent actions prejudicial to the security of the State and public order, and the subjective satisfaction of the authorities is sufficient for detention. The petitioner's claims of incorrect facts and mala fides were dismissed, affirming the validity of the detention order.