Supreme Court of India · 2008-04-29
Chandrakant Baddi vs Addl. Dist. Magistrate & Police Commnr. ...
- Citation / case number
- AIRONLINE 2008 SC 85
- Court
- Supreme Court of India
- Petitioner
- Chandrakant Baddi
- Respondent
- Addl. Dist. Magistrate & Police Commnr. ...
- Bench
- Tarun Chatterjee, Harjit Singh Bedi
Judgment text excerpt
The Supreme Court addressed the validity of a detention order under Section 3(2) of the Karnataka Prevention of Dangerous Activities Act, 1985, which was initially quashed by the Karnataka High Court but later recalled upon review due to reliance on an overruled precedent. The Court held that the period of detention must be computed without considering the time spent outside custody due to a wrongful order, affirming that a beneficiary of a defective order cannot retain the benefit. The appeals were allowed, and the detention order was upheld despite the expiration of the initial detention period.