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1974 Supreme(SC) 60

D.G.PALEKAR, P.N.BHAGWATI, V.R.KRISHNA IYER
Anil Dey – Appellant
Versus
State Of W. B. – Respondent


Advocates:
DILIP SINHA, G.S.CHATTERJEE, GAUTAM GOSVAMI

Judgment

KRISHNA IYER, J.:- The writ petition who has moved for his release from jail was detained by an order of the District Magistrate, 24 Parganas, under Section 3 (2) of the Maintenance of Internal Security Act, 1971. The grounds of detention communicated under Section 8 (1) of the Act read thus :

"That on 1-8-1972 at about 12-30 hrs, you and your associates committed theft in respect of signal materials from SPH type location box No.513 which is situated in between UP main and UP OCR line at Dum Dum Junction North Yard (near S.S.P.) and 2 Nos. feed and transformer from the junction box near Signal No.35 on the said place. The value of the stolen property is valued at Rs.600/-.

Your action caused disruption of train service for a considerable time affecting supplies and services.

You have thus acted in a manner prejudicial to the maintenance of supplies and services essential to the community".

2. In contrast to this sole episode on the basis of which the detention order - as its recital runs - is based, we have the affidavit of the District Magistrate which states :

"I further state that it appears from the Records that detenu-petitioner is one of the notorious stealers of Railway












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