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1972 Supreme(SC) 491

Y.V.CHANDRACHUD, J.M.SHELAT, I.D.DUA
Deonarayan Mondal Alias Debu – Appellant
Versus
State Of W. B. – Respondent


Judgment

CHANDRACHUD, J.:- By this petition under Article 32 of the Constitution, the petitioner challenges an order of detention dated 29th October, 1971 passed by the District Magistrate, 24-Parganas, West Bengal, under this Maintenance of Internal Security Act, 1971 (Act 26 of 1971).

2. The order of detention is expressed to have been passed with a view to preventing the petitioner "from acting in any manner prejudicial to the maintenance of public order........." The petitioner was arrested in pursuance of the detention order on 1st November 1971 and on the same date the grounds on which the order was passed were served on him. Stated briefly, the first ground says that on 11-10-1971 the petitioner and his associates formed an unlawful assembly, that they were armed with pipe guns, bombs and other lethal weapons, that they attempted to commit the murder of one Pravash Chandra Kundu, that the petitioner fired one round from his pipe gun and that these acts created terror in the particular locality and disturbed the public order. The second ground says that on 13th October l971, the petitioner and his associates, being armed with bombs and other lethal weapons, attempted to commit







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