SHIV RATAN MAKIM S/O NANDLAL MAKIM vs UNION OF INDIA AND ORS.

The Supreme Court upheld the order of preventive detention under Article 22(1) of the Constitution, stating that the detaining authority was justified in concluding that the petitioner was engaged in smuggling gold. The Court clarified that while a long lapse of time between the incident and the detention order could suggest a lack of nexus, in this case, the delay was adequately explained. The Court emphasized that the purpose of preventive detention is to prevent future harm to the community, distinguishing it from punitive criminal prosecution, and found no evidence of malafides in the detention order.