Supreme Court · 2008 INSC 289 · Decided 3 March 2008
State of Maharashtra & ORS. v. Bhaurao Punjabrao Gawande
- Court
- Supreme Court of India
- Citation
- 2008 INSC 289 · [2008] 3 S.C.R. 967
- Case number
- CRIMINAL APPEAL No. 417/2008
- Decided
- 3 March 2008
- Bench
- C.K. THAKKER, ALTAMAS KABIR (2-judge bench)
- Outcome
- Case Allowed
- Case type
- Criminal
- Acts & sections cited
- CrPC; Constitution Article 226
Headnote
Preventive Detention: A B Detention order - Challenge to, at pre-execution or pre­ arrest stage·- Held: Writ court cannot set aside the detention C order at pre-execution or pre-arrest stage unless court is satisfied that there are exceptional circumstances - In such cases, jurisdiction - Action is taken to prevent the person from acting in any manner prejudicial to certain activities under the Detention Law - Ordinarily detenu . D cannot seek writ of mandamus if he does not surrender and is not served with detention order and its grounds - On facts, detaining authority
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