Supreme Court of India
Gazi Khan @ Chotia v. State of Rajasthan and Anr.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
2 Supreme Court benches have cited this judgment.
What the Court ordered
For the reasons stated above,. we set aside the impugned order of detention on the ground that there is a breach of F constitutional obligation as enshrined under Article 22(5) of the Con stitution of India.
Judgment, page 12
From the headnote
Preventive Detention: Prevention of Illicit TraJJIC in Narcotic Drugs and Psychotropic Substances Act, 1989: •••• Section 3( 1)-Detention order-Delay in disposal of representa· . tion of detenu-Validity of-Whether violation of fundamental rights- c Practice of allowing a police officer not having dealt with the case at any y" point and having no personal knowledge, to -swear counter/reply affidavits-Deprecated. Constitution of India, 1950: Article 22(5 )-Detention order- Delay in disposal of detenu's representation-Whether violative. The appellant challenged before the High Court the order of
Authorities it was built on
Where later benches applied it
- 1996 Kundanbhai Dulabhai Shaikh v. Distt. Magistrate, Ahmedabad and Ors.
- 1992 State of Tamil Nadu and Anr. v. C. Subramani and Ors.
Of those, 2 mentioned
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