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Raghubansh Rai v/s State of Bihar and Others

    Criminal Appeal No. 189 of 1987
    Decided On, 21 April 1987
    At, Supreme Court of India
    By, HON'BLE JUSTICE O. CHINNAPPA REDDY AND HON'BLE JUSTICE V. KHALID
   


Judgment Text
1. Special leave granted


2. The order of detention was passed on March 5, 1986 and served on March 6, 1986 when the appellant was already in jail in connection with other cases. Even so the grounds of detention were served on May 11, 1986, i. e. more than two months after the service of the order of detention Section 17 of the Bihar Control of Crime Act 1981 provides that grounds of detention be served not later than five days and in exceptional circumstances and for reasons to be recorded in writing not later than ten days from the date of detention, . There is clear contravention of Section 17 of the Bihar Act. The order of detention is therefore quashed. The order of detention is therefore quashed.

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The appeal is allowed. The appellant is directed to be set at liberty forthwith.