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2008 Supreme(SC) 717

TARUN CHATTERJEE, HARJIT SINGH BEDI
Chandrakant Baddi – Appellant
Versus
Addl. Dist. Magistrate & Police Commnr. – Respondent


ORDER

1. Leave granted.

2. The appellant herein was detained for a period of one year under an order dated 9th December 2005 passed under Section 3 (2) of the Karnataka Prevention of Dangerous Activities of Bottleggers Drug Offenders, Gamblers, Goondas, Immoral Traffic Offenders and Slum Grabbers Act 1985. This order was challenged in the Karnataka High Court on 16th December 2005 by way of a writ of habeas corpus. By its order dated 1st September 2006, the Division Bench relying on Commissioner of Police & Anr. vs. Gurbux Anandram Bhiryani (1988) Supp. SCC 568 quashed the order of detention and directed that the appellant be set at liberty. The State of Karnataka thereafter moved an application for review of the order dated 1st September 2006 on the plea that the aforesaid judgment had been over-ruled by a later judgment of this Court in T.Devki vs. Govt of Tamil Nadu & Ors. (1990) 2 SCC 456. The Honble Judges constituting the Bench observed that they had "spent sleepless" nights on account of an error committed by them in the light that the counsel had not brought the subsequent judgment of the Supreme Court to notice and that their judicial conscience had been pricked for having p











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