Supreme Court · 2004 INSC 409 · Decided 29 July 2004
Maulavi Hussein Haji Abraham Umari v. State of Gujarat and ANR.
- Court
- Supreme Court of India
- Citation
- 2004 INSC 409 · [2004] SUPP. 3 S.C.R. 202
- Case number
- CRIMINAL APPEAL No. 759/2003
- Decided
- 29 July 2004
- Bench
- S.N. VARIAVA, ARIJIT PASAYAT (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC; CrPC Section 73, 167, 167(2)
Headnote
F G MA ULA VI HUSSEIN HAJI ABRAHAM UMARI v. STATE OF GUJARAT AND ANR. JULY 29, 2004 [S.N. VARIAVA AND ARIJIT PASAYAT, JJ.) Prevention of Terrorism Act, 2002; Sections 3 and 49(2)/Code of Criminal Procedure, 1973; Sections 73 and 167: Charges under POTA-Petitionfor extending police remand beyond be supplied by judicial interpretation nor should it be readily inferred to make it a consistent enactment-However, a casus omissus, if occurs, must be disposed of according to law as existed before enactment of the statute-Provision for extending police custody specifically provided-Adequate
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