Supreme Court of India · 1960-10-18
THE STATE OF MAHARASHTRA vs VISHNU RAMCHANDRA
- Citation / case number
- SC 1959/43
- Court
- Supreme Court of India
- Petitioner
- THE STATE OF MAHARASHTRA
- Respondent
- VISHNU RAMCHANDRA
- Bench
- HIDAYATULLAH
Judgment text excerpt
The Supreme Court held that Section 57(1) of the Bombay Police Act, 1951, does not apply retrospectively and can only be invoked if the conviction occurred after the Act's enactment. The Court clarified that while penal statutes are generally interpreted prospectively, those that create disabilities may be applied retrospectively if the intent is to protect the public from undesirable individuals. The externment order must be bona fide and relate to a sufficiently proximate conviction. The appeal by the State of Bombay was dismissed, upholding the High Court's acquittal of the respondent.