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1966 Supreme(SC) 21

V. RAMASWAMI, S. M. SIKRI, R. SATYANARAYAN RAJU, P. B. GAJENDRAGADKAR, J. C. SHAH
Godavari S. Parulekar, , B. K. Khopkar;others 1964) – Appellant
Versus
State Of Maharashtra – Respondent


Advocates:
B.R.G.K.Achar, N.S.BINDRA, R.K.GARG

Judgement

SIKRI, J.: These appeals by certificate granted by the Bombay High Court are directed against its judgment, dated April 13, 1964 in applications filed by the applicants under Art. 226 of the Constitution, and S. 491 of the Criminal Procedure Code. Criminal Appeal No. 143 of 1964 has become infructuous because the appellant, S. V. Parulekar, has died.

2. Mr. R. K. Garg appears on behalf of the appellant in Criminal Appeal No. 142 of 1964. It is common ground that the points arising in all the appeals are common, and in order to appreciate the points, it would be sufficient if the facts in Criminal Appeal No. 142 of 1964, relevant to the arguments addressed to us, are only given. The relevant facts given in Paras. 2 and 3 of the affidavit filed by the Under Secretary to the Government of Maharashtra are as follows:

2. With reference to Para 1 of the said Petition I say that the petitioner was detained under order, dated the 7th November 1962 issued by the District Magistrate, Thana, under the Preventive Detention Act, 1950. On 10th November 1962, the Government of Maharashtra revoked the order of detention, dated the 7th November 1962 issued by the District Magistrate, Thana































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