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1978 Supreme(Del) 58

AVADH BEHARI ROHATGI, T.P.S.CHAWLA
NOORMOHD – Appellant
Versus
STATE OF DELHI – Respondent


Advocates Appeared:
P.P.MALHOTRA, R.K.Nasim, R.P.SHARMA

( 51 ) NO magistrate shall authorise the detention of the accused person in custody beyond 60 days. This is the legislative command. The mandate is in terms of the absolute. There are no exceptions. The prohibition is all inclusive and complete. The word 'no' has a finality in all languages that few other words enjoy. True it is negative instance, but positive in effect. It is a legislative innovation. It is an attempt to establish a just and fair procedure. For the first time the legislature introduced procedural protection of accused persons.

( 52 ) EVERYONE charged with a criminal offence shall be presumed innocent until proved guilty according to law'. This has always seemed to most of us an emotive catchphrase. Obviously, the prosecution should have to prove the guilt of the accused by satisfactory evidence before he can be convicted at his trial. But if a person accused of an offence is detained in custody pending a protracted investigation much before the trial commences, it seems an abuse of language to say that he is presumed to be innocent for all purposes. The legislature was trying to remedy this sorry state of affairs. It enacted a statutory limit on detention before t



















































































































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