Supreme Court · 2012 INSC 329 · Decided 9 August 2012

Saeed Zakir Hussain Malik v. State of Maharashtra & ORS.

Court
Supreme Court of India
Citation
2012 INSC 329 · [2012] 7 S.C.R. 235
Case number
CRIMINAL APPEAL No. 1187/2012
Decided
9 August 2012
Bench
P. SATHASIVAM, RANJAN GOGOI (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Criminal
Acts & sections cited
Constitution Article 22; Customs Act

Headnote

CONSTITUTION OF /NOIA, 1950 A B Art.22(5)-Preventive detention-Delay of 14~ months in c executing the order of detention and a/so a delay of 15 months in making the order of detention-Held: Delay at both stages has to be explained and the court is required to consider the question having regard to offered that the detenu after being released on 0 bail remained absconding and therefore the order of detention could not be executed, cannot be accepted, as no efforts were taken for cancellation of the bail bonds and forfeiture of the amount deposited by the detenu - Further, no serious

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