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april 2008

Supreme Court of India · 2008-04-29

CHANDRAKANT BADDI vs ADDL.DIST.MAGISTRATE & POLICE COMMR.&ORS

Citation / case number
SC 2007/11514
Court
Supreme Court of India
Petitioner
CHANDRAKANT BADDI
Respondent
ADDL.DIST.MAGISTRATE & POLICE COMMR.&ORS
Author
HARJIT SINGH BEDI TARUN CHATTERJEE
Bench
HARJIT SINGH BEDI TARUN CHATTERJEE

Judgment text excerpt

The Supreme Court addressed the legality of a detention order under Section 3(2) of the Karnataka Prevention of Dangerous Activities of Bottleggers Drug Offenders, Gamblers, Goondas, Immoral Traffic Offenders and Slum Grabbers Act, 1985. The Court held that once the detention period expired on 8th December 2006, the appellant could not be re-detained despite the review of the earlier order, as a beneficiary of a defective order cannot be allowed to benefit from it. The appeal was allowed, and the order for re-detention was quashed, reaffirming the principle that detention must adhere to statutory limits.

CHANDRAKANT BADDI vs ADDL.DIST.MAGISTRATE & POLICE COMMR.&ORS · Niyam