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february 1974

Supreme Court of India · 1974-02-05

KANU SANYAL vs DIST. MAGISTRATE, DARJEELING & ORS.

Citation / case number
SC 1973/60305
Court
Supreme Court of India
Petitioner
KANU SANYAL
Respondent
DIST. MAGISTRATE, DARJEELING & ORS.
Bench
BHAGWATI, P.N.

Judgment text excerpt

The Supreme Court examined the legality of the petitioner's detention under Article 22(1) and the Prisoners (Attendance in Courts) Act, 1955, specifically Section 6. The Court held that the legality of the detention at Visakhapatnam must be assessed independently, regardless of any potential infirmity in the initial detention at Darjeeling. It clarified that the order for production under Section 3(2) pertains to criminal charges, and the officer in charge must comply unless specific conditions are met, which were not satisfied in this case.

KANU SANYAL vs DIST. MAGISTRATE, DARJEELING & ORS. · Niyam