Supreme Court of India · 1961-04-27
HARNAM DAS vs STATE OF UTTAR PRADESH
- Citation / case number
- SC 1961/160
- Court
- Supreme Court of India
- Petitioner
- HARNAM DAS
- Respondent
- STATE OF UTTAR PRADESH
- Bench
- GAJENDRAGADKAR, P.B.,SARKAR, A.K.,WANCHOO, K.N.,GUPTA, K.C. DAS,AYYANGAR, N. RAJAGOPALA
Judgment text excerpt
The Supreme Court held that the High Court must set aside an order of forfeiture under Section 99D of the Code of Criminal Procedure, 1898 if the grounds for the government's opinion, as required by Section 99A, are not stated. The Court emphasized that without the grounds, the High Court cannot be satisfied that the government's opinion justifies the forfeiture. The judgment disapproved previous cases that suggested otherwise, affirming that the High Court's duty is to ensure the legality of the government's opinion based on stated grounds.