Supreme Court · 1966 INSC 126 · Decided 27 July 1966
Jaichand Lall Sethia v. State of West Bengal & ORS.
- Court
- Supreme Court of India
- Citation
- 1966 INSC 126 · [1966] SUPP. 1 S.C.R. 464
- Case number
- CRIMINAL APPEAL No. 110/1966
- Decided
- 27 July 1966
- Bench
- K.N. WANCHOO, M. HIDAYATULLAH, S.M. SIKRI, V. RAMASWAMI, J.M. SHELAT (5-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- Constitution Article 226
Headnote
Defence of India Rules, 1962. r. 30-Detention under-Plea of mala fide wliether can be raised-Detenue whether entitled to in­ svect file containi141 order of detention-No mala fides alleged against Chief Minister who passed order-His affidavit not necessary. A B The appellant was detained under challenged the ocdcr of detention by a petition under Art. 226 of the Constitution which was ctsmissed. In appeal before this Court by special leave it was urged on behalf of the appellant that: (i) the order of detention was mala fi_M; (ii) the High Court in not calling for the file of the case
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