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Mehdi Mohamed Joudi Vs. State of Maharashtra and ors. - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtSupreme Court of India
Decided On
Case NumberCriminal Writ Petition No. 6215 of 1980
Judge
Reported inAIR1981SC1752; 1981CriLJ1282a; (1981)2SCC358
AppellantMehdi Mohamed Joudi
RespondentState of Maharashtra and ors.
Excerpt:
- indian penal code, 1860 [c.a. no. 45/1860]. section 379; [dr. arijit pasayat & s.h. kapadia, jj] theft allegation that appellant had stolen an attach containing about rs.55,000 from the possession of complainant said money and attach recovered from the possession of the appellant pw-9 identifed the said attach explanation offered by the appellant that his father had given the money could not be established and found to be wholly unacceptable. held, conviction of appellant under section 379 i.p.c. is proper sections 3 & 4; applicability of provisions of the act vis--vis sections 360 & 361 of cr.p.c., - held, where the provisions of the probation of offenders act are applicable the employment of section 360 cr.p.c., is not to be made. in cases of such application, it..........by the state govt, on 30-12-1980. it is, therefore, clear that the order of detention suffers from two infirmities, first, that the document' and materials were no1 supplied par passu the grounds of detention and secondly, that there is delay of more that a month in disposing of the representation which itself is fatal to the order o detention. for these reasons, therefore, the petition is allowed and the continued detention is held void. the detenu is directed to be released forthwith.
Judgment:
ORDER

1. This petition for habeas corpus has been filed by the cousin of the detenu for setting aside the order of detention of the detenu. It appears that the order of detention against the detenu was passed on 4-10-1980 and served on him on 1-11-1980 when the detenu was taken into custody. On 6-11-1980 and 18-11-1980 some documents were served on the detenu. The final instalment of the documents and materials was served on the detenu on 21-11-1980. A representation was made by the detenu on 27-11-1980 which was rejected by the State Govt, on 30-12-1980. It is, therefore, clear that the order of detention suffers from two infirmities, first, that the document' and materials were no1 supplied par passu the grounds of detention and secondly, that there is delay of more that a month in disposing of the representation which itself is fatal to the order o detention. For these reasons, therefore, the petition is allowed and the continued detention is held void. The detenu is directed to be released forthwith.


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