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1952 Supreme(P&H) 8

WESTON, KAPUR
Inderjit Singh – Appellant
Versus
State Of Delhi – Respondent


Judgment

Weston, J.

1. These matters arise from action taken against one Rawel Singh son of Eakhshi Awtar Singh under the U. P. Goondas Act, 1932) as modified and extended to the State of Delhi by notification dated 10th No vember 1937 made under Section 7, Delhi Laws Act, 1912 . On 21st March 1952 Rawel Singh was arrested, in pursuance of a warrant issued by the Home Secretary to the Chief Commissioner under Section 4 of this Act to which I shall refer hereafter as the Act. Rawel Singh was not produced before the Deputy Commissioner but was produced before the Additional District Magistrate who refused to grant bail on the ground that he had no authority to do so. A bail application was presented to the Deputy Commissioner on the 22nd March 1952, consi deration of which, we are told, was adjourned, and only on 28th March after rules In the present matters had issued was he released on bail. It is claimed that the detention of Rawol Singh after his arrest was illegal and also that all further proceedings under the Goondas Act are also illegal as the Act is void, being in contravention of Articles 19 and 22 of the Constitution.

2. It is necessary at this stage to describe the materia

















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