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1973 Supreme(SC) 220

V.R.KRISHNA IYER, P.JAGANMOHAN REDDY, H.R.KHANNA
Har Jas Dev Singh – Appellant
Versus
State Of Punjab – Respondent


Judgment

JAGANMOHAN REDDY, J.:- The petitioner challenges the order of detention dated March 28, 1972 made under Section 3 of the Maintenance of Internal Security Act No. 26 of 1971 -hereinafter called the Act . Initially he was arrested under the Official Secrets Act, 19 of 1923, and was remanded by the Magistrate on October 24, 1971. On November 19, 1971, the District Magistrate, Gurdaspur made an order of detention under Section 3 of the Act which was served on the petitioner while he was still in confinement under Section 3 of the Official Secrets Act. He was also served with the grounds of detention. The order of the District Magistrate, however, was not approved by the State Government and the petitioner was directed to be released in respect of his detention under the Act. The petitioner thereafter moved the Sessions Judge for bail and was directed on March 2, 1972 to be released on his executing a bail bond of Rs. 50,000/-. The bail bond furnished by him was accepted by the Sessions Court on March 14, 1972, on which date the petitioner was released from jail. On March 28, 1972, a fresh order of detention was passed by the District Magistrate, Gurdaspur; which order was appr















































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