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1972 Supreme(SC) 255

H.R.KHANNA, J.M.SHELAT
Mohd. Salim Khan – Appellant
Versus
C. C. Bose – Respondent


Advocates:
G.L.MUKHOTY, G.S.CHATTERJEE, M.S.Gupta, Sukumar Basu

Judgment

SHELAT, J. :- In this petition under Article 32 of the Constitution the petitioner Mohd. Salim Khan, a detenu under the West Bengal (Prevention of Violent Activities) Act, being President s Act XIX of 1970, seeks to challenge the legality of the order of detention passed against him and his detention thereunder.

2. The impugned order was passed by the Additional District Magistrate, 24 Parganas on June 18, 1971 under sub-section (1) read with sub-section (3) of Section 3 of the Act, being satisfied that it was necessary to detain the petitioner with a view to preventing him from acting in a manner prejudicial to the maintenance of public order. In pursuance of the said order the petitioner was arrested on the same day and has since then been detained in Jail. At the time of his arrest he was served with a copy of the grounds of detention.

3. There is no dispute that various steps following the issuance of the said order as envisaged by the Act were taken by the detaining authorities within the time prescribed by and in accordance with the provisions of the Act. The petitioner had also made a representation which was duly considered by the Government along with the other relev














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