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1974 Supreme(SC) 327

R.S.SARKARIA, A.C.GUPTA
Ramakrishna Rawat – Appellant
Versus
District Magistrate, Jabalpur – Respondent


Judgment

SARKARIA, J.:- The petitioner was detained by an order, dated June 4, 1973 under Section 3 of the Maintenance of Internal Security Act, 1971 (to be hereinafter called the Act) by the District Magistrate, Jabalpur, on the ground that it was necessary to do so to prevent him from acting in any manner prejudicial to the maintenance of public order. This detention order was revoked by the State Government in September, 1973 and the petitioner was released from custody.

2. On January 25, 1974, he was again arrested by the police under Section 151 of the Code of Criminal Procedure on the ground that he was designing to commit cognizable offences the commission of which could not otherwise be prevented. He was produced before a Magistrate the same day and was remanded to jail custody till January 31, 1974. In the meantime, on January 28, 1974, the District Magistrate, Jabalpur made an order of his detention under Section 3 (1) (a) (ii). It was with a view to prevent him "from acting in a manner prejudicial to the maintenance of public order". The order was served on him in jail the same day. The grounds of detention were supplied to the petitioner on February 1, 1974. They run as u


































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