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1972 Supreme(SC) 90

K.K.MATHEW, H.R.KHANNA, J.M.SHELAT
Ananta Mukhi Alias Ananta Hari – Appellant
Versus
State Of W. B. – Respondent


Judgement

SHELAT, J. :- The order of detention impugned in this petition is as follows :

"ORDER

Dated 24-4-71.

No. 97/C

Whereas I am satisfied with respect to the person known as Shri Ananta Mukhi, @Ananta Hari, son of Gobardhan, @Gurai of Antpara, Chakbazir, P. S. Debra, Dt. Midnapore that with a view to preventing him from acting in any manner prejudicial to the security of the State or the maintenance of public order, it is necessary so to do, I therefore in exercise of the powers conferred by sub-section (1) read with sub-section (3) of Section 3 of the West Bengal (Prevention of Violent Activities) Act. 1970 (President s Act No. 19 of 1970) makes this order directing that the said Shri Ananta Mukhi @Anant Hari be detained.

Given under by hand and seal of office.

Sd/- District Magistrate

Midnapore"

2. The question which falls for determination in this petition is whether detention directed by an order which recites that it was made upon satisfaction of the District Magistrate that the person concerned was acting in a manner prejudicial to the security of the State or the maintenance of public order is an order lawfully made. The argument was that the use of the disjunctive or , instead











































































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