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1972 Supreme(SC) 319

K.K.MATHEW
Amulyachandradey – Appellant
Versus
State Of W. B. – Respondent


Judgment

MATHEW, J. :- The petitioner challenge the validity of a detention order and prays for the issue of a writ or order in the nature of habeas corpus and for releasing him from custody.

2. On November 25, 1971, the District Magistrate, 24 Paraganas, West Bengal, in the exercise of his power under the provisions of sub-section (1), read with sub-section (2) of Section 3 of the Maintenance of Internal Security Act, 1971 (Act 26 of 1971) passed an order for the detention of the petitioner. In pursuance of it, the petitioner was arrested on November 27, 1971 and he was served with the order of detention together with the ground of detention on the same day. On November 30, 1971 the District Magistrate reported to the State Government about the passing of the detention order together with grounds of detention and the particulars having bearing on the case. The report and the particulars were considered by the State Government and the order of detention was approved by it on December 6, 1971. On the same day, the State Government submitted a report to the Central Government in accordance with the provisions of sub-section (4) of Section 3 of the Act. On December 24, 1971, the State G





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