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1971 Supreme(SC) 451

P.JAGANMOHAN REDDY, C.A.VAIDIALINGAM
Shyamal Mondal – Appellant
Versus
State Of W. B. – Respondent


Advocates:
G.S.CHATTERJEE, S.P.MITAL, Sukumar Basu, V.MAYA KRISHNAN

Judgment

VAIDIALINGAM, J. :- This petition under Article 32 of the Constitution challenges the validity of the order dated March 2, 1971 passed by the District Magistrate, 24 Pargana, in exercise of the powers conferred on him under sub-section (1) read with sub-section (3) of Section 3 of the West Bengal (Prevention of Violent Activities) Act, 1970 Act No. XIX of 1970 (hereinafter to be referred as the Act), directing the detention of the petitioner.

2. The impugned order states that the District Magistrate was satisfied that it ,was necessary that the petitioner should be detained with a view to prevent him from acting in any 2385 manner prejudicial to the security of the State or the maintenance of public order as provided by Section 3 (1) of the Act.

3. According to the affidavit in reply of the District Magistrate, he reported under Section 3(4) of the Act to the State Government on March 5, 1971 regarding the fact of his having passed the order of detention together with the grounds of detention and all other particulars having a bearing on the same. It is further stated that the petitioner was arrested on March 5, 1971 and was served on the same day with the order of detention



































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