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1972 Supreme(SC) 64

H.R.KHANNA, J.M.SHELAT, K.K.MATHEW
Shibapada Mukherjee – Appellant
Versus
State Of W. B. – Respondent


Judgment

SHELAT, J.:- On April 30, 1971, the District Magistrate, Birbhum District, passed an order directing the detention of the petitioner under S. 3 (1) and (3) of the West Bengal (Prevention of Violent Activities) Act, being President s Act 19 of 1970. On that very day, he reported the fact of his having passed the said order to the State Government. The petitioner was arrested on May 4, 1971 and was served at the time of his arrest with the grounds of detention. The State Governement gave its approval to the said order on May 11, 1971. It also reported the petitioner s detention to the Central Government. On 2-6-1971, the petitioner s case was referred to the Advisory Board and the Board reported on July 9, 1971 that there was sufficient cause for detention. On August 7, 1971, the State Government gave confirmation under S. 12 of the Act to the detention order and continuation of detention thereunder. Thus, the order or decision of confirmation and continuation was made after the expiration of the period of three months from the date of the arrest and detention of the petitioner.

2. The grounds for detention served on the petitioner alleged (1) that on January 16, 1971 he and h










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