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1972 Supreme(SC) 529

Y.V.CHANDRACHUD, J.M.SHELAT, I.D.DUA
Dipak Bose Alias Naripada – Appellant
Versus
State Of W. B. – Respondent


Judgment

SHELAT, J. :- This is a petition sent to this Court by the petitioner from jail and treated as one under Art. 32 of the Constitution challenging the validity of his detention under an order passed by the District Magistrate, 24 Parganas under Section 3 (1) and (2) of the Maintenance of Internal Security Act, 26 of 1971. The principal challenge to the petitioner s said detention is that the grounds of detention furnished to him at the time of his arrest are not relevant to the objects for which the Act permits preventive detention.

2. The two grounds of detention supplied to the petitioner, as aforesaid read as follows:

"(1) On 12-8-71 at about 17.00 hours you and some of your associates being armed with bhojali, bomb, choppers etc. etc. kidnapped Kashinath Saha of West Putiary, P. S. Behala and killed him at K. M. Naskar Road, P. S. Jadavpur. You thereby created panic and terror in the locality and disturbed public order.

(2) On 26-8- 71 at about 12.00 hours you and some of your associates being armed with bombs, daggers, choppers, pipe gune etc. dragged one Jyotirmay Bhattacharya and killed him at H. L. Sarkar Road, Bansdroni, P. S. Jadavpur. You thereby created panic and te






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