HARU DAS GUPTA versus STATE OF WEST BENGAL

HARU DAS GUPTA versus STATE OF WEST BENGAL

The period of three months from the date of detention excludes the first day (date of detention) and includes the last day; therefore, the confirmation order was made before the expiration of three months and is valid.

Parties
Petitioner: Haru Das Gupta; Respondent: State of West Bengal
Jurisdiction
India
Judgment Date
01 February 1972
Procedural Posture
Writ Petition / Original Jurisdiction
Outcome
Petition dismissed
Legal Topics
Detention, Computation of Limitation Period
Constitutional Law Criminal Law Detention Computation of Limitation Period

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Parties

Haru Das Gupta

Petitioner

State of West Bengal

Respondent

Procedural Posture

Writ Petition / Original Jurisdiction

Legal Issues

  1. 1 Whether the order of confirmation of detention was made after expiration of the period of three months from the date of detention under the West Bengal (Prevention of Violent Activities) Act, 1970.

Ratio Decidendi

The period of three months from the date of detention excludes the first day (date of detention) and includes the last day; therefore, the confirmation order was made before the expiration of three months and is valid.

Court Disposition

Petition dismissed

Orders

  • The writ petition is dismissed.