Supreme Court · 1975 INSC 3 · Decided 15 January 1975
Dulal Roy v. The District Magistrate, Burdwan and ORS.
- Court
- Supreme Court of India
- Citation
- 1975 INSC 3 · [1975] 3 S.C.R. 186
- Case number
- WRIT PETITION (CRIMINAL) No. 428/1974
- Decided
- 15 January 1975
- Bench
- V.R. KRISHNA IYER, R.S. SARKARIA (2-judge bench)
- Outcome
- Case Allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 379; Constitution
Headnote
Maintenance of l11ternal Security Act, 1971. Section 3-Passing of order • B of detemion dn the same facts while petitioner was in custody as an under­ trial-Arrest and dete11tion of petitioner as soon as he was discharged­ Detention, if illegal. In connection with two incidents of were registered with the police. The petitioner was not named in the F.l.R. His complicity was detected in the course of investig'ation.. He was consequently arrested on 3-8-72 and· sent up before the Judicial Magistrate. On 21~8-72 when the C petitioner was in custody as an
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