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1972 Supreme(SC) 299

H.R.KHANNA, J.M.SHELAT
Kishori Mohan Bera – Appellant
Versus
State Of W. B. – Respondent


Advocates:
G.S.CHATTERJEE, GOBINDA MUKHOTY, S.K.Bagga

Judgment

SHELAT, J.:- On September 24, 1971, the District Magistrate, Hooghly, in exercise of the power conferred on him under sub-s. (1) read with sub-section (2) of S. 3 of the Maintenance of Internal Security Act, 1971 (hereinafter referred to as the Act) passed the order impugned in this petition directing the petitioner s detention, being satisfied that it was necessary to do so "with a view to preventing him acting in a manner prejudicial to the maintenance of the public order or security of the State". Pursuant to the order the petitioner was arrested on that very day and detained in Hooghly Jail.

2. The grounds of detention served on the petitioner on that occasion were as follows:

"(1) On 8-7-71 at about 21.00 hours you alone with your associates held a meeting in a house at village Jagannathpur, P. S. Khanakul, District Hooghly and decided to kill Jotedars and richmen of the locality.

(2) On 10-7-71 at about 21.30 hours you along with your associates attacked one Sk. Ismail s/o L. Sk Lakhe of Sathpaitha, P. S. Khanakul, District Hooghly and tried to assault him by Tange and a dagger with intent to kill him.

(3) On 25-8-71 at about 16.30 hours you along with your associates add












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