AJAIB SINGH versus STATE OF PUNJAB

AJAIB SINGH versus STATE OF PUNJAB

The order of detention was not in accordance with the Defence of India Act and Rules and must be set aside, as Shri Lall Singh was not the District Magistrate but only an Additional District Magistrate at the relevant date.

Parties
Appellant: Ajaib Singh; Respondent: State of Punjab
Jurisdiction
India
Judgment Date
02 February 1965
Procedural Posture
Criminal Appeal / Appeal by Special Leave From Judgment and Order Dated July 30, 1964 of the Punjab High Court
Outcome
Appeal allowed
Legal Topics
Power of Detention, District Magistrate Appointment, Delegation of Powers
Criminal Law Preventive Detention Power of Detention District Magistrate Appointment Delegation of Powers

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Parties

Ajaib Singh

Appellant

State of Punjab

Respondent

Procedural Posture

Criminal Appeal / Appeal by Special Leave From Judgment and Order Dated July 30, 1964 of the Punjab High Court

Legal Issues

  1. 1 Whether an Additional District Magistrate vested with all the powers under s.10(2) of the Code of Criminal Procedure can pass an order for detention under Defence of India Act and Rules in the absence of appointment under s.10(1) as District Magistrate

Ratio Decidendi

The order of detention was not in accordance with the Defence of India Act and Rules and must be set aside, as Shri Lall Singh was not the District Magistrate but only an Additional District Magistrate at the relevant date.

Court Disposition

Appeal allowed

Orders

  • Order of detention set aside
  • Release of the detenu directed