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1974 Supreme(SC) 286

P.N.BHAGWATI, P.K.GOSWAMI, P.JAGANMOHAN REDDY, R.S.SARKARIA
Daktar Mudi – Appellant
Versus
State Of W. B. – Respondent


Advocates:
Ravindra Narayan, Sukumar Basu

Judgement

JAGANMOHAN REDDY, J.:- The petitioner challenges order of his detention of 20-7-72 under the Maintenance of Internal Security Act, 1971, as being illegal. He was arrested on July 20, 1972, and sent to Midnapore Central Jail. On the same day he was served with the order of detention along with the grounds of his detention, which inter alia, stated thus:

"2. On 26-4-72 between 14.35 hrs. and 14.45 hrs., you along with your associates attacked the box wagon of train No.D/N. 140-78 at through yard, Nimpura near east cabin Home Signal and looted away rice bags from the said wagan. Due to the act of yours the train suffered detention for about half an hour.

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

3. On 28-5-72 at about 18.35 hrs., you along with your associates stopped goods train No.501 Up at KM 119/15 near Ayma P.S. Kharagpur Town, Midnapore by disconnecting hose pipes and looted away huge quantities of brake blocks and pull rods used for the maintenance, construction and operation of railways.

Due to this act of yours, the train suffered detention for about half an hour.

Thus you acted in a manner prejudicial t












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