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march 2008

Supreme Court of India · 2008-03-31

Collector & Dist. Magistrate & Ors vs S. Sultan

Citation / case number
AIR 2008 SUPREME COURT 2096
Court
Supreme Court of India
Petitioner
Collector & Dist. Magistrate & Ors
Respondent
S. Sultan
Author
Arijit Pasayat
Bench
Arijit Pasayat, P. Sathasivam

Judgment text excerpt

The Supreme Court held that the detention order under Sections 3(1) and 3(2) of the A.P. Prevention of Dangerous Activities Act, 1986 was valid as the instances cited in the order pertained to offences under the Indian Penal Code and the Explosive Substances Act, which fall under the definition of 'goonda' as per Section 2(g) of the Act. The Court found that the High Court erred in quashing the detention order on the grounds of non-application of mind, emphasizing that the definition of 'goonda' encompasses habitual offenders regardless of the specific statutes involved. The appeals were allowed, reinstating the detention order.

Collector & Dist. Magistrate & Ors vs S. Sultan · Niyam