Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Maharashtra Prevention of Dangerous Activities of Slumlords Bootleggers Drug-Offenders Video Pirates Sand Smugglers and Persons Engaged in Black-Marketing of Essential Commodities Act 1981 Dangerous Persons |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980 (7 of 1980) |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
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 – ss.3(1), (2) & 13 – Detention order of the Respondent—detenu passed by the detaining authority– Approved by the State Government – Challenged by the respondent – Set aside by the High Court – On appeal held: Impugned judgment passed by the High Court quashing the detention order on merits, confirmed – However, one of the grounds on which the detention order is set aside, namely, that in the detention order the detaining authority prescribed the period of detention for 12 months and the same is in breach of s.3, is set aside – High Court wrongly relied upon and mis-interpreted s.3(2) with respect to the period of detention – Sub-section (2) of s.3 relates to the period for which the order of delegation issued by the State Government is to remain in force – It has no relevance to the period of detention – Legislature has entrusted the power of detention to the State Government – However, those powers can be delegated to the Jurisdictional District Magistrate or the Commissioner of Police, as provided in sub-sec.(2) of s.3 – As per s.13 of the Act, a person can be detained under the Act for such period not exceeding the maximum period of 12 months from the date of detention – Order of detention passed by the authorities mentioned in sub-sec.(2) of s.3 is required to be confirmed by the State Government – As per s.13, once the order of detention is confirmed by the State Government, the maximum period for which the detenu shall be detained cannot exceed 12 months from the date of detention – Act nowhere requires the detaining authority to specify the period for which the detenu is required to be detained – Further, the directions issued by the High Court contained in Clauses (IV)-(VI) of the operative portion of the impugned judgment are also quashed – Constitution of India – Art.136. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2019 INSC 1235 |
Petitioner | State Of Maharashtra & Ors. |
Respondent | Balu S/o Waman Patole |
SCR | [2019] 13 S.C.R. 1154 |
Judgement Date | 2019-11-13 |
Case Number | 1681 |
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