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1974 Supreme(SC) 68

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


Advocates:
D.N.MUKHERJI, G.S.CHATTERJEE, S.N.SINHA, Sukumar Basu

Judgment

PALEKAR, J.:- This is a petition under Art. 32 of the Constitution for a writ in the nature of habeas corpus. The petitioner was detained by an order dated 22-3-1972 passed by the District Magistrate, Howrah in exercise of the powers conferred on him by sub-s. (1) r/w/ sub-s. (2) of Section 3 of the Maintenance of Internal Security Act, 1971 (Act 26 of 1971). The order was passed with a view to preventing the petitioner from acting in any manner prejudicial to the maintenance of Supplies and Services essential to the community.

2. The grounds on which the order was passed are as follows:

(1) On 3-8-71 at about 18.45 hours, you and your associates K. Mali, Baidyanath Sadhukhan and others were found by Watcher constable 1609 Bipad Bhanjan Burman and Watcher Constable 1368 Anath Bandhu Karmaker of Howrah D. E. B., who were on pain cloth duty to unload 5 bags of rice from lorry No. WBL 366 on Netaji Subhas Road near Allahabad Bank under Howrah P. S. and to dispose of the stock forthwith to the retailers of Naba Kumar Nandy Lane at Rs. 1.60 paise per k.g. As a result of this unloading 306 kgs. of rice were received short at the destination.

You and your associates by your such acti








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