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january 1975

Supreme Court of India · 1975-01-22

SADHU ROY vs THE STATE OF WEST BENGAL

Citation / case number
SC 1974/60301
Court
Supreme Court of India
Petitioner
SADHU ROY
Respondent
THE STATE OF WEST BENGAL
Author
V.R. KRISHNAIYER
Bench
V.R. KRISHNAIYER

Judgment text excerpt

The Supreme Court held that while discharge or acquittal by a criminal court does not bar preventive detention under Section 3 of the Maintenance of Internal Security Act, 1971, such detention may be challenged if it is based on a finding that the charges were baseless. The Court emphasized that the executive's subjective satisfaction must be real and rational, and not merely a mechanical application of statutory phrases. The judgment allowed the petition, indicating that the grounds for detention were insufficient and lacked credibility.

SADHU ROY vs THE STATE OF WEST BENGAL · Niyam