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The action of detaining; the keeping in confinement or custody; a keeping
from going on or proceeding.
‘Detention’ means ‘keeping back’. This may take place either by
physical force that is to say, the person detained is kept back by physical
force or threat; or it may be due to deception practiced on the person
concerned; or it may be due to inducement or persuasion. ….. [Alamgir v.
State 1956 BLJR 184, ILR 35 Pat 93.]
There is a material distinction between a fresh order of detention and an
order of extension of detention. A fresh order of detention is not affected
by the previous detention having been illegal, whereas an order of
extension of detention becomes illegal if the detention if the detention,
which extends it was itself illegal.
…..See, ss. 2(c), 3 of the Special Powers Act 1974, S. 54 of the Code of
Criminal Procedure, 1898 (v of 1898).
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