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1974 Supreme(SC) 314

A.C.GUPTA, R.S.SARKARIA
Noor Chand Sheikh – Appellant
Versus
State Of W. B. – Respondent


Judgment

GUPTA, J.:- In this petition under Article 32 of the Constitution, the petitioner questions the validity of his detention under the Maintenance of Internal Security Act 1971. He was arrested on July 14, 1972 on strength of order made on the previous day by the District Magistrate, Malda, West Bengal, in exercise of the power conferred by sub-section (1) read with sub-section (2) of S.3 of the said Act. The order directing the petitioner to be detained said that the District Magistrate Malda, was satisfied that it was necessary so to do with a view to preventing him from acting in a manner prejudicial to the maintenance of supplies and services essential to the community. The grounds of detention served on the petitioner mention the following particulars which apparently satisfied the detaining authority that it was necessary to take the petitioner into preventive custody.

"On 2-7-1972 at about 20.46 hrs. you and your 50/60 associates twisted the signal wire of Jamirghata UP outer signal by pushing wooden sticks and tieing by iron wire. As a result Goods Train No. D.C. 132 Up detained beyond up outer signal of Jamirghata Rly. Station. You and your associates broke open the do












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