Law: Punjab Maintenance of Public Order Ordinance, 1960 

Section: 3

(a) Punjab Maintenance of Public Order Ordinance (XXXI of 1960)--- ----S. 3---Power to arrest and detain suspected persons---Scope---Petitioner challenged the detention of his brother ordered by Deputy Commissioner---Validity---Deputy Commissioner had issued the impugned order blindfoldly without having any sufficient and incriminating material against the detenue---Apart from registration of certain criminal cases, the Deputy Commissioner was not in possession of any other concrete and tangible material/evidence in support of his order---Preventive detention order was declared to be illegal, unlawful and issued without application of independent mind, hence, the same was set aside and struck down---Constitutional petition was allowed. (b) Punjab Maintenance of Public Order Ordinance (XXXI of 1960)--- ----S. 3---Power to arrest and detain suspected persons---Scope---Order under S. 3 of Punjab Maintenance of Public Order Ordinance, 1960, cannot be based on conjectures and surmises, rather it should be based on concrete and tangible evidence---Grounds on the basis of which detention order of person is issued/ passed, must have the support of sufficient cogent material and only…

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