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june 2007

Supreme Court of India · 2007-06-19

STATE OF MAHARASHTRA vs MEHAMUD

Citation / case number
SC 2000/16953
Court
Supreme Court of India
Petitioner
STATE OF MAHARASHTRA
Respondent
MEHAMUD
Author
ARIJIT PASAYAT
Bench
P.P. NAOLEKAR DR. ARIJIT PASAYAT

Judgment text excerpt

The Supreme Court upheld the Bombay High Court's decision to quash the detention order under Section 3 of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers and Drug Offenders Act, 1981, stating that the term 'habitually commits' requires established facts of past convictions rather than mere pendency of cases. The Court emphasized that curtailment of liberty must be based on a solid foundation of conviction, not just allegations. Consequently, the appeal was dismissed, affirming the High Court's ruling that the detenu could not be classified as a 'dangerous person' without proven habitual criminality.

STATE OF MAHARASHTRA vs MEHAMUD · Niyam