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july 2004

Supreme Court of India · 2004-07-29

Maulavi Hussein Haji Abraham Umari vs State Of Gujarat And Anr

Citation / case number
AIR 2004 SUPREME COURT 3946
Court
Supreme Court of India
Petitioner
Maulavi Hussein Haji Abraham Umari
Respondent
State Of Gujarat And Anr
Author
Arijit Pasayat
Bench
S.N. Variava, Arijit Pasayat

Judgment text excerpt

The Supreme Court interpreted Section 49(2) of the Prevention of Terrorism Act, 2002, clarifying that the provision does not grant unlimited authority to the police to seek custody beyond the statutory limits set by Section 167 of the Code of Criminal Procedure, 1973. The Court held that the application of Section 49(2)(b) is restricted to a maximum period of 30 days, and any interpretation extending this period would contradict legislative intent. The appeal was dismissed, affirming the High Court's decision regarding the legality of police custody.

Maulavi Hussein Haji Abraham Umari vs State Of Gujarat And Anr · Niyam