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Illegal Detention

Section 151- Section 107 and 151 if Crpc are, in terms , preventive, not punitive, - conditions in section 151 must be met for its in vocation - A Police Officer could effect an arrest without a Magistrate s order and without a warrent only where he learns that the attested person is imminently likely to commit a cognizable offence- He must in addition, he satisfied that the impending crime can not otherwise be prevented - where those conditions are not met.

There is a violation of a person's fundamental rights u/ 21 and 22 of the constitution of India - similarly a Magistrate s jurisdiction u/s 107 is to be exercised only on the emergent situation - nothing in the 4th respondent affidavit in reply - beyond saying that the petitioner had no explanation for being at the tea stall is insufficient compliance with mundate of section 151 - the petitioner past history of criminal cases irrelevant, since it cannot possibly lead to any conclusion of imminent criminal activities - no subjective satisfaction noted by the respondents on material that lends itself to any objective test.

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