MADAN SHAW Vs. STATE

JUDGEMENT

(1.) The petitioner was ordered to be detained for a period of one year under the Preventive Detection Act, 1950. He challenged the validity of the order of detention by an application to this Court under Section 491 of the Code of Criminal Procedure. A Division Bench of this Court has dismissed that application by a judgment delivered on April 17, 1961. Against the order of the Division Bench the petitioner seeks to take a further appeal to the Supreme Court under Article 134 (1) (c) o the Constitution.

(2.) The petitioner filed an application for a certified copy of the judgment of the Division Bench on May, 9, 1981, and the certified copy was made ready for delivery to the petitioner on May 12, 1961. Thereafter the petitioner's son affirmed an affidavit in support of the petition on May 20, 1961, and the petition was actually filed in Court on May 25, 1961. At the time of the affirmation of the affidavit the filing clerk fixes a stamp on every petition, and there is a similar seal on the present petition which bears the date of May 20, 1961. When the petition was actually presented in Court an endorsement was made by the Court officer to the following effect:

(3.) Under Chapter VI, Rule 58 of the Appellate Side Rules a petition for a Certificate under Article 134 (1) (c) of the Constitution has to be filed within thirty days from the date of the order sought to be appealed from. Adding to that period four days spent for obtaining a certified copy of the judgment, the last date for filing the petition expired on May 21, 1961. The petition which was filed on May 25, 1961, was, therefore, out of time by four days.