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december 1974

Supreme Court of India · 1974-12-04

SRILAL SHAW vs THE STATE OF WEST BENGAL & ORS.

Citation / case number
SC 1974/60354
Court
Supreme Court of India
Petitioner
SRILAL SHAW
Respondent
THE STATE OF WEST BENGAL & ORS.
Bench
CHANDRACHUD, Y.V.

Judgment text excerpt

The Supreme Court ruled that the detention of the petitioner under the Maintenance of Internal Security Act, 1971 was invalid as he could have been prosecuted under the Railway Property (Unlawful Possession) Act, 1966 instead. The Court emphasized that the evidence available did not support the conclusion of unlawful possession, and the prosecution was likely dropped due to the petitioner's ability to prove lawful possession. Consequently, the Court ordered the immediate release of the petitioner, holding that preventive detention was unwarranted in this case.

SRILAL SHAW vs THE STATE OF WEST BENGAL & ORS. · Niyam