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1972 Supreme(SC) 242

H.R.KHANNA, J.M.SHELAT
Netaipada Shah – Appellant
Versus
State Of W. B. – Respondent


Judgment

SHELAT, J.:- The petitioner by this Write Petition challenges the validity of the order of preventive detention, dated June 29, 1971, passed by the District Magistrate, 24 Parganas under sub-section (1) read with sub-section (3) of Section 3 of the West Bengal (Prevention of Violent Activities) Act, being President Act XIX of 1970. The said order recites that it was necessary to detain the petitioner with a view to prevent him from acting in a manner prejudicial to the maintenance of public order. On July 1, 1971, the District Magistrate, as required by the Act, reported about his having passed the said order to the State Government and that the Government approved the said order of detention on July 9,1971. In the meantime, in pursuance of the said order the petitioner was arrested on July 2, 1971 and was served at the time of his arrest with the ground of detention. The said ground stated that, in the early hours of June 1, 1971 at about 1.30 a. m. while committing theft of rice from Wagon No. SE-39751 at Bongaon Railway Station Yard, the petitioner and his associates, when challenged by the members of R. P. F. then on duty, hurled bombs at them with a view to take their









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