The Court held that where police detain a person under the IPCPA without properly establishing the 'public place' precondition, the detention will be unlawful and evidence obtained solely as a consequence of that detention is likely to be excluded under s 138 of the Evidence Act, particularly where the illegality is characterised as reckless due to absence of any considered assessment of the precondition. The decision underscores that well-intentioned police conduct does not mitigate the gravity of an unlawful deprivation of liberty for s 138 purposes.
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