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1975 Supreme(SC) 37

A.C.GUPTA, M.H.BEG, Y.V.CHANDRACHUD
Salim – Appellant
Versus
State Of W. B. – Respondent


Advocates:
C.S.CHATTERJI, D.N.MUKHERJI, GOBINDA MUKHOTY

Judgment

CHANDRACHUD, J. :- The petitioner, Sk. Salim, challenges by this petition under Article 32 of the Constitution an order of detention passed by the District Magistrate, 24 Parganas, under the Maintenance of Internal Security Act, 1971. The order was passed on June 13, 1972 avowedly with a view to preventing the petitioner from acting in any manner prejudicial to the maintenance of supplies and services essential to the community. The particulars furnished to the petitioner refer to two incidents of theft dated January 31 and February 23, 1972. The former relates to a theft of underground copper cables and the latter to a theft of A. C. S. R. Conductors. The particulars further mention that on February 24, 1972 the petitioner and two of his named associates were found in possession of 30 K. Gs. of stolen A. C. S. R. Conductors.

2. Section 3 (1) of the Act empowers the Central Government and the State Government to pass orders of detention for the reasons therein mentioned. Section 3 (2) confers power on District Magistrates, specially empowered Additional District Magistrates and Commissioners of Police to pass orders of detention for reasons specified therein. If an order of


















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