Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Tamil Nadu Prevention of Dangerous Activities of Bootleggers |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Cyber Law Offenders, Drug Offenders, Forest-offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Sexual-offenders, Slum-grabbers and Video Pirates Act, 1982 (14 of 1982) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug-Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, and Slum Grabbers and Video Pirates Act, 1982 - Charge against appellant's husband that he was selling expired drugs after changing their labels - Detention order under the 1982 Act. Writ petition challenging the detention order dismissed by High Court - On appeal, held: In the grounds of the detention it was only stated that in similar cases bails were granted by the courts and no details. were given about the alleged bail order in similar cases - Detention order only contained ipse dixit regarding the alleged imminent possibility of the accused coming out on bail and there was no reliable material to this effect - Also, the relevant provisions in the Penal Code and the Drugs and Cosmetics Act were sufficient to deal with the said situation - Thus, the detention order was illegal and cannot be sustained, and is quashed.Preventive detention law - Order under -Legality of -When ordinary law of the land such as Penal Code and other penal statutes, can deal with the situation - Held: In such a case, recourse to preventive detention law would be illegal.Constitution of India, 1950-Article 22(3)(b) - Preventive detention - Power of - Held: Must be confined to very narrow limits, otherwise the right to liberty would become nugatory. Article 22(3}(b) cannot be read in isolation, but must be read along with Articles 19 and 21. |
Judge | Hon'ble Mr. Justice Markandey Katju |
Neutral Citation | 2011 INSC 267 |
Petitioner | Rekha |
Respondent | State Of T Nadu Tr.sec.to Govt. & Anr. |
SCR | [2011] 4 S.C.R. 740 |
Judgement Date | 2011-04-05 |
Case Number | 755 |
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