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1972 Supreme(SC) 156

G.K.MITTER, H.R.KHANNA, J.M.SHELAT
Baidyanath Chunkar – Appellant
Versus
State Of W. B. – Respondent


Advocates:
G.S.CHATTERJEE, O.P.RANA, Sukumar Basu

Judgement

MITTER, J. :- The petitioner before us challenges the order of detention by which he was put under arrest under Art. 32 of the Constitution.

2. The said order was passed against the petitioner by the District Magistrate, Burdwan on the 3rd April,1971 in exercise of powers conferred by sub-s. (1) read with sub-s. (3) of S. 3 of the West Bengal (Prevention of Violent Activities) Act, 1970. The petitioner was arrested on the 6th April 1971 when he was served with grounds for detention. The District Magistrate had reported about the passing of the detention order together with grounds of detention and other particulars to the State Government on the 3rd April, 1971. The report and particulars were considered by the Government on the 13th April and the detention order was approved on the same day. The State Government also submitted a report to the Central Government in accordance with the provisions contained in sub-s. (5) of S. 3 of the Act. The petitioner made a representation against his arrest on the 3rd May, 1971. On the 4th May, 1971 the State Government placed the case of the petitioner before the advisory Board under S. 10 of the Act. It appears that the representation













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