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1 - 10 of 17 (0.30 seconds)The Arms Act, 1959
The Code of Criminal Procedure, 1973
Section 379 in The Indian Penal Code, 1860 [Entire Act]
Commissioner Of Police And Ors vs Smt. C. Anita on 23 August, 2004
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C/SCA/19707/2015 CAV JUDGMENT
III In the case of Commissioner of Police
v/s C. Anita reported in [2004] 7 S.C.C. 467, the
Hon'ble Supreme Court has held that the High
Court cannot substitute its own opinions for that
of the detaining authority when the grounds of
detention are precise, pertinent, proximate and
relevant. It is further stated that preventive
detention is an anticipatory measure and does not
relate to an offence, while the criminal
proceedings are to punish a person for an offence
committed by him. Thereby they are not parallel
proceedings. It is further observed that "public
order", "law and order" and the "security of the
State" fictionally draw three concentric circles,
the largest representing law and order, the next
representing public order and the smallest
representing security of the State. Every
infraction of law must necessarily affect order,
but an act affecting law and order may not
necessarily also affect the public order.
Likewise, an act may affect public order, but not
necessarily the security of the State. The true
test is not the kind, but the potentiality of the
act in question. Acts similar in nature, but
committed in different contexts and
circumstances, might cause different reactions.
The act by itself, therefore, is not determinant
of its own gravity. In its quality it may not
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C/SCA/19707/2015 CAV JUDGMENT
differ from other similar acts, but in its
potentiality, that is, in its impact on society,
it may be very different. One act may affect only
individuals while the other, though of a similar
kind, may have such an impact that it would
disturb the even tempo of the life of the
community. This does not mean that there can be
no overlapping, in the sense that an act cannot
fall under two concepts at the same time. An act,
for instance, affecting public order may have an
impact that it would affect both public order and
the security of the State.
Article 6 in Constitution of India [Constitution]
Article 14 in Constitution of India [Constitution]
The Gujarat Police Act, 1951
Ranubhai Bhikhabhai Bharwad (Vekaria) vs State Of Gujarat on 14 March, 2000
In
the cases of [i] Ranubhai Bhikhabhai Bharwad
(supra), [ii] Ashokbhai Jivraj @ Jivabhai Solanki
(supra) and [iii] Mustakmiya Jabbarmiya Shaikh
(supra), the Hon'ble Supreme Court was of the
opinion that the activities of the detenu cannot
be said to be dangerous to the maintenance of
public order and at the most fall under the
maintenance of "law and order", whereas in the
present case the facts are otherwise.