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1974 Supreme(SC) 71

D.G.PALEKAR, P.N.BHAGWATI, V.R.KRISHNA IYER
Olia Mallick Alias Oliruddin Mallick – Appellant
Versus
State Of W. B. – Respondent


Advocates:
G.S.CHATTERJEE, H.C.MITTAL, Sukumar Basu

Judgment

PALEKAR, J.:- In this petition for a writ of habeas corpus under Article 32 of the Constitution the petitioner is detained by the District Magistrate, Midnapore, by his order dated 29-3-1972. The order was passed in exercise of the powers conferred on him by sub-section (1) read with sub-sec. (2) of Sec. 3 of the Maintenance of Internal Security Act, 1971 (Act 26 of 1971) with a view to preventing the petitioner for acting in a manner prejudicial to the maintenance of supplies and services essential to the community.

2. The grounds communicated to the petitioner are:

(1) "on 3-10-1971 at about 02.00 hrs. you along with your associates committed theft in respect of 1,200 feet of overhead aluminium conductor wire worth about Rs.1,000/- from Power Supply line of the West bengal State Electricity Board near Hategeria village under Keshiary P. S. District Midnapore. Due to such act of yours electric supply from Hizli Power Station to Egra remained suspended for 12 hours and a chaos was created.

Thus you acted in a manner prejudicial to the maintenance of supplies and services essential to the communty.

(2) On 11-10-71 at about 02.00 hrs., you along with your associates committed the










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