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 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Maharashtra Prevention of Dangerous Activities (Bootleggers) Slumlords and Drug Offenders Act, 1981; Section 3(2): Preventive detention of respondent on ground of maintenance of public order-Challenge to-High Court quashed C the order holding that the Board by not affording an opportunity of producing witnesses to detenu violated principles of natural justice-On appeal, Held: There was no obligation on the Advisory Board to summon witnesses but the detenu himself has to keep his witnesses present at the appointed time-Detenu failed to produce witnesses-Since High Court proceeded on the wrong premise, its judgment could not be sustained-Competent authority could pass fresh order of detention if the circumstances so warrant-However, no opinion expressed on the desirability or otherwise of passing afresh order-Constitution of India, 1950; Article 22(5). |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2004 INSC 192 |
Petitioner | State Of Maharashtra And Ors. |
Respondent | Shri Ramchandra Rammilan Mishra @ Pandey |
SCR | [2004] 3 S.C.R. 295 |
Judgement Date | 2004-03-22 |
Case Number | 746 |
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