Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Drug Offenders Maharashtra Prevention of Dangerous Activities of Slumlords 1981: s.3(2) - Detention order Bootleggers C Sand Smugglers and Persons engaged in Black marketing of Essential Commodities Act Video Pirates Dangerous Persons |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders, Dangerous Persons, Video Pirates, Sand Smugglers and Persons engaged in Black marketing of Essential Commodities Act, 1981: s.3(2) - Detention order - Period of detention not specified in detention order - Held: it is well settled that a presumptive legislation such as the present Act needs to be given a strict interpretation - Proviso to sub-section (2) of s.3 envisages a period to be specified in the order with a maximum cap of six months at the first instance - Therefore authorities could not have passed such a blanket order of detention without specifying the period of detention, as was done in this case - The order of preventive detention accordingly set aside - Interpretation of statutes - Strict interpretation. |
Judge | N/A |
Neutral Citation | 2017 INSC 629 |
Petitioner | Lahu Shrirang Gatkal |
Respondent | State Of Maharashtra, Through The Secretary And Ors. |
SCR | [2017] 6 S.C.R. 389 |
Judgement Date | 2017-07-17 |
Case Number | 1185 |
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