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1972 Supreme(SC) 277

H.R.KHANNA, J.M.SHELAT
Sasti Alias Satishchowdhary – Appellant
Versus
State Of W. B. – Respondent


Judgment

KHANNA, J.:- This is a petition through jail under Article 32 of the Constitution for the issuance of a writ of habeas corpus by Sasti alias Satish Chowdhary, who has been ordered by the District Magistrate Howrah to be detained under Section 3 of the Maintenance of Internal Security Act, 1971 (hereinafter referred to as the Act). The order recited that it was made with a view to preventing the petitioner from acting in any manner prejudicial to the maintenance of supplies and services essential to the community.

2. The order of detention was passed by the District Magistrate on September 8, 1971. The petitioner, it is stated, was found to be absconding soon after the passing of the order. He was arrested on November 23, 1971 and was served with the order of detention and the grounds of detention together with vernacular translation thereof on the same day. In the meanwhile, on September 8, 1971 the District Magistrate sent report to the State Government about his having made the order of the detention along with the grounds of detention and other necessary particulars. The matter was then considered by the State Government. It approved the detention order on September 10, 1












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