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october 1960

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.

THE STATE OF MAHARASHTRA vs VISHNU RAMCHANDRA · Niyam