AI Overview...
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Detention of Harjeet Singh under NDPS Act - Harjeet Singh was detained via a detention order issued under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988. The grounds indicated that he was already in custody in an NDPS case and had not applied for bail before the detention order was passed. The court noted that there were no compelling reasons for detention since he was already in custody, making the detention order liable to be quashed. Kehar Singh VS Union of India - Crimes, Kehar Singh VS UOI - Rajasthan
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Legal Validity of Detention Order - The detention order was challenged on grounds that Harjeet Singh was already imprisoned when the order was issued. The authorities supplied the grounds of detention, but the court scrutinized the necessity of detention, considering Singh's existing custody status. The courts emphasized that detention should be justified by compelling reasons, which were lacking here. Kehar Singh VS UOI - Rajasthan
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Habeas Corpus and Illegal Detention Claims - In a separate case, Harjeet Singh’s involvement in illegal detention was challenged through a habeas corpus petition. The court considered whether the detention was lawful and whether the grounds were properly communicated, including in English, to ensure effective representation. The court highlighted procedural compliance but also scrutinized the legality of detention in specific cases. VARINDER KUMAR @ BINDER vs STATE OF PUNJAB AND OTHERS - Punjab and Haryana, Jasvinder Kaur VS Union of India through its Secretary - Delhi
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Procedural Aspects and Language of Grounds - Courts held that providing detention grounds in English sufficed for compliance with Article 22(5) of the Constitution, provided the detainee could understand the grounds. This was relevant in assessing whether the detention was lawful and whether detainees could effectively challenge it. Jasvinder Kaur VS Union of India through its Secretary - Delhi, Jasvinder Kaur VS Union of India Through Its Secretary Ministry of Finance Department Of Revenue - Delhi
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Relevance of Past Judgments (Harjeet Singh vs. Other Cases) - The Supreme Court clarified that earlier judgments, such as Michalraj vs. Narcotic Central Bureau, do not apply when facts differ, especially regarding the legality of detention and procedural safeguards. The case of Harjeet Singh was distinguished based on the circumstances of detention and legal grounds. SANDEEP VS STATE OF HIMACHAL PRADESH - Himachal Pradesh
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Bail and Detention During Investigation - Harjeet Singh and other accused persons, including those named in the case, were detained since July 2015. The courts considered their detention and granted bail after furnishing bonds, emphasizing that detention during investigation can be set off against sentence, but procedural safeguards must be observed. HARJEET SINGH @ KALA VS STATE OF UTTARAKHAND - Uttarakhand
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Illegal Detention During Police Action - Instances where Harjeet Singh was involved in or associated with illegal detention, such as the abduction of individuals, were noted. Courts examined whether detention was lawful or an illegal act by police, emphasizing procedural compliance and the rights of detainees. Iqubal Kaur Kwatra VS Director General of Police, Rajasthan State, Jaipur - Andhra Pradesh, Labh Singh VS State Of Punjab - Punjab and Haryana
Summary and Conclusion
Harjeet Singh’s detention has been scrutinized across multiple cases, primarily focusing on whether the detention was justified, procedural correctness, and whether he was already in custody at the time of detention orders. Courts generally found that detention orders lacking compelling reasons or procedural compliance—such as proper communication of grounds—were liable to be quashed. The legal framework emphasizes that detention must be justified, necessary, and procedurally fair, especially when the detainee is already in custody. In some cases, detention was upheld after procedural safeguards like bail bonds were observed, but overall, Singh’s detention status has been subject to judicial review to prevent illegal or arbitrary detention.
References: - Kehar Singh VS Union of India - Crimes - Kehar Singh VS UOI - Rajasthan - Iqubal Kaur Kwatra VS Director General of Police, Rajasthan State, Jaipur - Andhra Pradesh - Ramesh Sahu & Anr. VS State of Assam - Gauhati - VARINDER KUMAR @ BINDER vs STATE OF PUNJAB AND OTHERS - Punjab and Haryana - Jasvinder Kaur VS Union of India through its Secretary - Delhi - Jasvinder Kaur VS Union of India Through Its Secretary Ministry of Finance Department Of Revenue - Delhi - SANDEEP VS STATE OF HIMACHAL PRADESH - Himachal Pradesh - HARJEET SINGH @ KALA VS STATE OF UTTARAKHAND - Uttarakhand - Labh Singh VS State Of Punjab - Punjab and Haryana
Search Results for "Detention of Harjeet Singh"
• India - Crimes
G.L.GUPTA, S.C.MITTAL
Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 – Section 3 – Prevention detention order – ... Detenue was already in custody in NDPS Act Case & had not moved bail application till detention Order was passed – It was remotest ... possibility that he could not be said that there were compelling reasons for passing detention order – Impugned order was liable ... Srivastava, Joint Secretary to the Govt. of India on 19th August, 1996 under Section 3(1) of the PIT NDPS Act for the detention#HL_EN....
1997 0 Supreme(Raj) 502 • India - Rajasthan
S.C.MITAL, G.L.GUPTA
Substances Act, 1988 – Section 3(1) – Constitution of India – Article 227 – Petitioner already in prision – Order was passed for his detention ... Srivastava, Joint Secretary to the Govt. of India on 19th August, 1996 under Sec. 3(1) of the PIT NDPS Act for the detention of Harjeet Singh and grounds of detention were supplied to him. ... Ground No.3 is that detenue Harjeet Singh was already in jail when the order of detention was passed and there was....
1996 0 Supreme(AP) 267 • India - Andhra Pradesh
K.S.SHRIVASTAVA, M.N.RAO
Amrith Pal Singh is the son of Mr. Ranbir Singh and Smt. Harjeet Kaur and elder brother of Mr. Mohinder Pal Singh. The petitioner is the aunt, i. e. , sister if Mr. Ranbir Singh and wife of Mr. B. P. S. Kwatra. Dr. Amrit Pal Singh was married to Dr. ... Actual arrest and detention do not appear to be necessary. ... The forcibly taking away and illegal detention of Mr. B. P. S. ... Kwatra from 6. 30 a. m. , to 10. 00 a. m. , on 25-10-1994 and the #HL_....
2011 0 Supreme(Gau) 744 • India - Gauhati
H.BARUAH
The period of detention of the appellants in custody during investigation/trial was directed to be set off from the substantive sentence of imprisonment ... 2. ... The factum of recovery of the Ganja from the secret chamber of the truck driven by the appellant Ramesh Sahu along with the cleaner Harjeet Singh would not necessarily infer a presumption that they were in conscious possession of the same. ... Baruah, J;- ... In challenge is the judgment and order of conviction and sentence dated 13.07.2009 passed by learned Special Judge, Ko....
• India - High Court of Punjab and Haryana
JUSTICE INDERJIT SINGH Present: Mr. Harjeet Savra, Advocate, for the petitioner. Petitioner has filed this criminal writ petition under Article 226 of the Constitution of India for issuance of a writ in the nature of habeas corpus for the release of detenue, Mandeep Kaur, from the illegal detention ... 10.09.2019 (INDERJIT SINGH) parveen kumar JUDGE Note: Whether speaking/reasoned p
2022 0 Supreme(Del) 62 • India - Delhi
SIDDHARTH MRIDUL, ANUP JAIRAM BHAMBHANI
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 - Customs Act - Section 108 - Section 3(1) - Detention ... and the relied-upon documents, to be able to make an effective representation against the detention order - Communicating the grounds ... in English language was sufficient compliance of mandate of Article 22(5) - Impugned detention order falls foul of the constitutional ... The impugned detention order along with the grounds of detention in the English language ar....
2022 0 Supreme(Del) 627 • India - Delhi
SIDDHARTH MRIDUL, ANUP JAIRAM BHAMBHANI
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 - Customs Act - Section 108 - Section 3(1) - Detention ... and the relied-upon documents, to be able to make an effective representation against the detention order - Communicating the grounds ... in English language was sufficient compliance of mandate of Article 22(5) - Impugned detention order falls foul of the constitutional ... The impugned detention order along with the grounds of detention in the English language ar....
2019 0 Supreme(HP) 221 • India - Himachal Pradesh
VIVEK SINGH THAKUR
Michalraj Vs Intelligence Officer, Narcotic Central Bureau, (2008) 5 SCC 161, Harjeet Singh vs. ... Michalraj Vs Intelligence Officer, Narcotic Central Bureau, (2008) 5 SCC 161, Harjeet Singh vs. ... Michalraj Vs Intelligence Officer, Narcotic Central Bureau, (2008) 5 SCC 161, Harjeet Singh vs. ... Michalraj case is not applicable in present case in view of observations of the Apex Court in Harjeet Singh vs. ... the State; ... (13) While considering ....
2016 0 Supreme(UK) 867 • India - Uttarakhand
SERVESH KUMAR GUPTA
Let all the three accused-applicants, namely, Harjeet Singh @ Kala, Prabhjot Singh and Bittu alias Tejvindear Singh be enlarged on bail on furnishing a personal bond and two reliable sureties by each of the like amount to the satisfaction of Chief Judicial Magistrate, Udham Singh Nagar. ... The applicants, who have been framed along with 17 named accused persons besides 15 to 20 other persons are in detention ever since the date of arrest in July, 2015. A cross FIR was also lodged for....
2006 0 Supreme(P&H) 2975 • India - Punjab and Haryana
MEHTAB S.GILL, BALDEV SINGH
He was taken away by the police officials in the presence of Harjeet Kaur, wife of Karnail Singh, Manga Singh son of Jit Singh resident of Meenian, who visited the house of Harjeet Kaur for collecting his labour charges, Jagrup Singh son of Bhola Singh of village Nangal. ... The period of detention during investigation, trial and the pungency of this appeal shall be set off against the period of sentence. Except for this modification in the sentence ....
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