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may 1956

Supreme Court of India · 1956-05-08

BHAGUBHAI DULLABHABHAI BHANDARI vs THE DISTRICT MAGISTRATE, THANA& OTHERS(with connected peti

Citation / case number
SC 1955/120
Court
Supreme Court of India
Petitioner
BHAGUBHAI DULLABHABHAI BHANDARI
Respondent
THE DISTRICT MAGISTRATE, THANA& OTHERS(with connected peti
Bench
DAS, SUDHI RANJAN (CJ),JAGANNADHADAS, B.,AIYYAR, T.L. VENKATARAMA,SINHA, BHUVNESHWAR P.,IMAM, SYED JAFFER

Judgment text excerpt

The Supreme Court upheld the constitutionality of Section 56 of the Bombay Police Act, 1951, ruling it does not violate Article 19 of the Constitution. The Court clarified that the term 'witnesses' in the section includes members of the police and customs departments, and that the requirement for witnesses to be unwilling to testify does not necessitate all witnesses being unwilling. The petitioner's conviction for breaching an externment order was affirmed, as he could have avoided prosecution by seeking prior permission from authorities.

BHAGUBHAI DULLABHABHAI BHANDARI vs THE DISTRICT MAGISTRATE, THANA& OTHERS(with connected peti · Niyam