Supreme Court · 2008 INSC 1292 · Decided 12 November 2008
Deepak Bajaj v. State of Maharashtra & Anr
- Court
- Supreme Court of India
- Citation
- 2008 INSC 1292 · [2008] 15 S.C.R. 1062
- Case number
- WRIT PETITION (CRIMINAL) No. 77/2008
- Decided
- 12 November 2008
- Bench
- ALTAMAS KABIR, MARKANDEY KATJU (2-judge bench)
- Outcome
- Case Allowed
- Case type
- Criminal
- Acts & sections cited
- Constitution Article 21
Headnote
. Preventive Detention: Detention order - Challenge to, at pre-execution stage - Maintainability of - Held: Court can set aside the detention order at pre-execution stage if it is satisfied that the detention order was clearly illegal - Five grounds in Alka Subhash I detention order at pre-execution stage are illustrative and not exhaustive - On facts, there was failure to place retraction of confession of alleged witnesses and other materials before Detaining Authority -Thus, detention order stands vitiated and quashed - Constitution of India, 1950 -
Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)