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Mst. Tahira Begum Vs. B.B. Gujral and anr. - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtSupreme Court of India
Decided On
Case NumberCriminal Writ Petition No. 211 of 1981
Judge
Reported in(1982)3SCC374
AppellantMst. Tahira Begum
RespondentB.B. Gujral and anr.
Excerpt:
- [a.d. koshal,; r.b. mishra and; v.b. eradi, jj.] -- preventive detention — filing of return by state — state counsel requesting adjournment even though service effected in new delhi eight days before — held, such time was sufficient for filing a return and where the detenue's petition shows a prima facie good case, detenue entitled to be released provisionally on filing bail bonds -- learned counsel for the state makes a fervent prayer that the case be adjourned for hearing to wednesday, february 11, 1981 at the earliest so that he has an opportunity for filing a return. 2. the matter to be listed on february 13, 1981......ministry of finance, department of revenue, new delhi was effected on january 29, 1981, which was just about a week ago, and which gave sufficient time to the government to make arrangements for filing its return before today. a perusal of the writ petition indicates that the petitioner has a good prima facie case. under the circumstances the detenue is directed to be released provisionally on furnishing surety in the sum of rs 10,000, with two sureties in the like amount, to the satisfaction of the chief metropolitan magistrate, madras.2. the matter to be listed on february 13, 1981.
Judgment:

A.D. Koshal,; R.B. Mishra and; v.B. Eradi, JJ.

1. Learned counsel for the State makes a fervent prayer that the case be adjourned for hearing to Wednesday, February 11, 1981 at the earliest so that he has an opportunity for filing a return. The service on the Additional Secretary to the Government of India, Ministry of Finance, Department of Revenue, New Delhi was effected on January 29, 1981, which was just about a week ago, and which gave sufficient time to the government to make arrangements for filing its return before today. A perusal of the writ petition indicates that the petitioner has a good prima facie case. Under the circumstances the detenue is directed to be released provisionally on furnishing surety in the sum of Rs 10,000, with two sureties in the like amount, to the satisfaction of the Chief Metropolitan Magistrate, Madras.

2. The matter to be listed on February 13, 1981.


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