Supreme Court · 1989 INSC 93 · Decided 16 March 1989
Dharamdas Shamlal Agarwal v. Police Commissioner & ANR.
- Court
- Supreme Court of India
- Citation
- 1989 INSC 93 · [1989] 2 S.C.R. 43
- Case number
- WRIT PETITION (CRIMINAL) No. 537/1988
- Decided
- 16 March 1989
- Bench
- B.C. RAY, S. RATNAVEL PANDIAN (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 324, 332, 148, 307, 302; Constitution Article 32
Headnote
B Gujarat Prevention of Anti-Social Activities Act, 1985: SS. 3(2) & 6-Detention Order-Validity of-Material and vital fact having a bearing on the issue not placed before detaining authority-Held, requisite subjective satisfaction vitiated by non-1Jpplication of mind. The petitioner was (2) of c s. 3 of the Gujarat Prevention of Anti-Social Activities Act, 1985 with a view to prevent him from acting in any manner prejudicial to the maintenance of public order. The grounds of detention mentioned five offen~es registered against him with police records, out of which the D
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