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february 1972

Supreme Court of India · 1972-02-01

HARU DAS GUPTA vs STATE OF WEST BENGAL

Citation / case number
SC 1971/60270
Court
Supreme Court of India
Petitioner
HARU DAS GUPTA
Respondent
STATE OF WEST BENGAL
Bench
SHELAT, J.M.

Judgment text excerpt

The Supreme Court ruled that the confirmation of detention under Section 3(1) and (3) of the West Bengal (Prevention of Violent Activities) Act, 1970, was invalid as it occurred one day after the expiration of the three-month period mandated by Section 12 of the Act. The Court established that the computation of the three-month period excludes the day of detention and includes the day of confirmation. Consequently, the Court held that the detention order was not validly confirmed, leading to the release of the petitioner.

HARU DAS GUPTA vs STATE OF WEST BENGAL · Niyam