RAMESHWAR LAL PATWARI versus STATE OF BIHAR

RAMESHWAR LAL PATWARI versus STATE OF BIHAR

The grounds furnished to the appellant for preventive detention were either vague, non-existent, or deficient, violating the requirement for precision that enables effective representation against detention. The inclusion of false and irrelevant grounds rendered the detention unjustifiable under the Act.

Source-derived case information.

Parties
Appellant: Rameshwar Lal Patwari; Respondent: State of Bihar
Jurisdiction
India
Judgment Date
01 December 1967
Procedural Posture
Criminal Appeal / Final Decision by Supreme Court
Outcome
appeal allowed; detention order declared illegal
Legal Topics
Preventive Detention, Grounds of Detention, Blackmarketing, Essential Commodities, Vagueness of Detention Grounds, Representation to Advisory Board
Criminal Law Constitutional Law Preventive Detention Grounds of Detention Blackmarketing Essential Commodities Vagueness of Detention Grounds Representation to Advisory Board

Source-derived case record

Summary, issues, holding and outcome

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Parties

Rameshwar Lal Patwari

Appellant

State of Bihar

Respondent

Procedural Posture

Criminal Appeal / Final Decision by Supreme Court

Legal Issues

  1. 1 Whether the grounds for detention supplied to the detenu are vague, non-existent, or otherwise deficient
  2. 2 Whether blackmarketing is a sufficient ground for preventive detention under the Preventive Detention Act, 1950
  3. 3 Whether detention can be sustained when some grounds are found to be non-existing or vague

Ratio Decidendi

The grounds furnished to the appellant for preventive detention were either vague, non-existent, or deficient, violating the requirement for precision that enables effective representation against detention. The inclusion of false and irrelevant grounds rendered the detention unjustifiable under the Act.

Court Disposition

appeal allowed; detention order declared illegal

Orders

  • Appellant's detention is illegal
  • Order for immediate release of appellant