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march 1968

Supreme Court of India · 1968-03-27

MOTILAL JAIN vs STATE OF BIHAR & ORS.

Citation / case number
SC 1968/60052
Court
Supreme Court of India
Petitioner
MOTILAL JAIN
Respondent
STATE OF BIHAR & ORS.
Bench
HEGDE, K.S.

Judgment text excerpt

The Supreme Court held that the detention order under Section 3(1)(c)(iii) and Section 4 of the Preventive Detention Act was invalid due to vague and non-existent grounds. Specifically, the court found that one ground lacked necessary details regarding the sale price and the identity of the purchaser, while another ground referred to a fictitious individual. The court emphasized that vague grounds violate the constitutional requirement under Article 22, rendering the detention illegal, and thus set aside the order.

MOTILAL JAIN vs STATE OF BIHAR & ORS. · Niyam