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1974 Supreme(SC) 423

N.L.UNTWALIA, P.N.BHAGWATI
Gora – Appellant
Versus
State Of W. B. – Respondent


Advocates:
G.S.CHATTERJEE, GOBINDA MUKHOTY, P.K.CHATTERJI

Judgment

BHAGWATI, J.: - The District Magistrate, 24-Parganas, by an order dated 29th December, 1973 made under sub-section (1) read with subsection (2) of Section 3 of the Maintenance of Internal Security Act, 1971 directed that the petitioner be detained as he was satisfied that with a view to preventing the petitioner from acting in a manner prejudicial to the maintenance of public order it was necessary to detain him. The fact of the making of the order of detention was reported by the District Magistrate to the State Government on 2nd January, 1974 and the State Government. by an order dated 8th January, 1974, approved the order of detention. Pursuant to the order of detention, the petitioner was arrested on 18th January, 1974 and immediately on his arrest he was served with the grounds on which the order of detention was made. The grounds of detention referred only to one incident as forming the basis of arriving at the subjective satisfaction as regards the necessity for detention of the petitioner and that incident was in the following terms:

"On the night of 25/26-6-73 at about 00.01 hrs. you along with your associates being armed with lethal weapons including fire arms raid











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