Supreme Court of India

Chandrakant Baddi v. Addl. Dist. Magistrate & Police Commnr. & Ors.

Neutral citation
Reported as [2008] 7 S.C.R. 163
Bench Tarun Chatterjee and H.S. Bedi JJ.
Decided 29 April 2008

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.

What the Court ordered

We are of the opinion that the detaining authority must be permitted to re­ examine the matter and to take a decision thereon within a period of 3 months from the date of the supply of the copy of this order.

Judgment, page 5

From the headnote

Preventive Detention: Order of detention - Lapse of period of detention - Effect of - Detenu remaining outside custody due to order of Court which was later set aside - Meanwhile period of detention lapsed - However, Court while setting aside earlier order, directing detenu to be sent back to jail for the remaining period - HELD: When an order of a Court quashing the detention is set aside, remittance of the detenu to jail to serve out the balance period of detention does not automatically follow and it is open to the detaining authority to go into various factors delineated in the judgments*

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