Ranbir Singh. Vs. Sri T. George Joseph, District Magistrate, Meerut & Anr.
EmailAppeal: Writ petition (Crl.) No. 681 of 1987.
Petitioner: Ranbir Singh.
Respondent: Sri T. George Joseph, District Magistrate, Meerut & Anr.
Apeal: Writ petition (Crl.) No. 681 of 1987.
Judges: A.P. SEN & L.M. SHARMA,JJ.
Date of Judgment: Dec 17, 1987
Head Note:
CRIMINAL LAW:
National Security Act, 1980; sections 3(3) and 3(4) – Detention – Failure of the State Govt. to confirm the impugned order of detention within the stipulated period of fifteen days – Detention held illegal.
JUDGEMENT:
O R D E R
1. The only contention advanced in this writ petition is that there was failure on the part of the State Government to confirm the impugned order of detention passed by the Dist. Magistrate, Meerut under Sec. 3(3) of the National Security Act, 1980, within a period of fifteen days as enjoined by proviso to sec. 3(4) of the Act. The contention must in, our opinion, prevail.
2. It appears from the counter-affidavit that the impugned order of detention passed by the District Magistrate on September 11, 1987, that is, beyond the period of fifteen days as provided by the proviso to sec 3(4) of the Act. In view of this, the impugned order of detention has already elapsed and the continued detention of the detenu, Narendra Babu S/o Sri Ram Nath Tyagi, is illegal. We, accordingly, allow the writ petition and direct the release of the detenu forthwith.
Petition allowed.
1. The only contention advanced in this writ petition is that there was failure on the part of the State Government to confirm the impugned order of detention passed by the Dist. Magistrate, Meerut under Sec. 3(3) of the National Security Act, 1980, within a period of fifteen days as enjoined by proviso to sec. 3(4) of the Act. The contention must in, our opinion, prevail.
2. It appears from the counter-affidavit that the impugned order of detention passed by the District Magistrate on September 11, 1987, that is, beyond the period of fifteen days as provided by the proviso to sec 3(4) of the Act. In view of this, the impugned order of detention has already elapsed and the continued detention of the detenu, Narendra Babu S/o Sri Ram Nath Tyagi, is illegal. We, accordingly, allow the writ petition and direct the release of the detenu forthwith.
Petition allowed.
