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1972 Supreme(SC) 219

A.N.GROVER, M.H.BEG
Nandlal Roy Alias Nonda Dulal Roy Alias Pagla – Appellant
Versus
State Of W. B. – Respondent


Advocates:
G.S.CHATTERJEE, OM PRAKASH SHARMA, Sukumar Basu

Judgement

GROVER, J.:- This is a petition under Art, 32 of the Constitution challenging the detention of the petitioner under the West Bengal (Prevention of Violent Activities) Act, 1970, hereinafter called the Act .

2. An order was made on June 17, 1971 by the District Magistrate, 24 Parganas saying that with a view to preventing the petitioner from acting in any manner prejudicial to the maintenance of public order he be detained. This order was made in exercise of the power conferred by sub-s. (1) read with sub-s. (3) of S. 3 of the Act. The detenu was arrested on June 20, 1971 and the grounds were served on him on that date. The only ground for detention was as follows :

"That on the night of 1-6-71 at about 01.30 hrs. while committing theft of rice from Wagon No. SE 39751 at Bongaon Rly. Station yard, you and your associates charged bombs upon the R. P. F. Party on duty with a view to do away with their lives, when challenged by them. As a result of your bomb charge SR 3179 Himunshu Bhushan Dhar Sharma of the R. P. F. Party sustained burn injury on his person. But the R. P. F. Party with the help of the police party managed to secure your arrest on the spot with 30 kgs. of stole








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