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1969 Supreme(SC) 377

C.A.VAIDIALINGAM, I.D.DUA, J.M.SHELAT, V.BHARGAVA
Kshetra Gogoi – Appellant
Versus
State Of Assam – Respondent


Judgment

BHARGAVA, J.- The petitioner in this petition under Art. 32 of the Constitution was arrested and detained under an order made under S. 3 (1) (a) (ii) of the Preventive Detention Act, 1950 (hereinafter referred to as "the Act") on 24th April, 1968. On the 30th August, 1968, he filed a petition in the High Court of Assam under Art. 226 of the Constitution for issue of a writ of Habeas Corpus. The same day he was released by the Government and, according to him, without being set at liberty, he was again put in detention in pursuance of a fresh order dated 29th August, 1968 passed under Section 3 (1) (a) (ii) of the Act. The grounds of detention were also served on the same day. He made his representation on 17th September, 1968 and his case was referred to the Advisory Board also on the same date. The report of the Advisory Board was received on 28th October, 1968. On 7th November, 1968, his order of detention was confirmed by the Government on the basis of the report of the Advisory Board. This petition was then received in this Court from the petitioner in July, 1969, challenging his detention under the order dated 29th August, 1968. The petition came up for hearing before











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