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1966 Supreme(SC) 135

A. K. SARKAR, J. M. SHELAT, J. R. MUDHOLKAR, R. S. BACHAWAT, RAGHUBAR DAYAL
Gopi Ram – Appellant
Versus
State Of Rajasthan – Respondent


Advocates:
M.M.TIVARI, R.N.SACH, S.C.AGRAWAL

Judgment

MUDHOLKAR, J. : The petitioner who has been detained in the Central Jail, Jaipur under an order dated January 19, 1965 made by the District Magistrate, Ganganagar under Cl. (b) of Sub-r. (1) of R. 30 of the Defence of India Rules, 1962 has moved this Court under Art. 32 of the Constitution for the grant of a writ in the nature of habeas corpus.

2. An order of detention of the petitioner under the aforesaid provision was first made on April 5, 1963. It could not be served on the petitioner for a long time because it is said that he was absconding. On November l, l964 he was arrested in connection with an offence under S. 307/395, Indian Penal Code but was released on bail. On November 4, 1964 the order of detention was served on him and he was sent to the Central Jail, Jaipur for being detained. On January 18, 1965 the original order of detention was cancelled by the Government because, we are informed, informed of some defect therein. The order of cancellation was served on him on January 21, 1965 and he was released in pursuance thereto. Immediately thereafter however, he was re-arrested under a warrant issued by the Sub-Divisional Magistrate, Karampur in respect of the off













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