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1975 Supreme(SC) 35

R.S.SARKARIA, V.R.KRISHNA IYER, P.K.GOSWAMI
Tulshi Rabidas – Appellant
Versus
State Of W. B. – Respondent


Advocates:
A.C.SUKUMAR GHOSH, G.S.CHATTERJEE, H.S.MARVAH, Sukumar Basu

Judgment

KRISHNA IYER, J.:- The case of the petitioner, a detenu in West Bengal, has been presented at persistent length by Shri Marwah, appearing as amicus curiae, but some of the many contentions pressed by him merit serious notice which alone we propose to deal with.

2. Now, the facts to the extent relevant. The order for detention was made by the District Magistrate, West Dinajpur, on March 19, 1973 pursuant to which he was taken into custody nine days later. The calendar of statutory events discloses no infirmity but the content of the grounds given by the District Magistrate and the order of approval made by the State Government have been the focal points of attack. Straightway we proceed to set out the two criminal involvements of the petitioner which allegedly prejudicial the authority to direct detention with a view, hereafter, to inhibit his activities prejudicial to supplies essential to the community. They are :

"(1) That on 6-3-1973 at about 01.30 hours you along with your associate Manger Soran of Gopalpur, P. S. Bangshihari, Dist. West Dinajpur were arrested with 65 kgs of paddy in gunny bags within 1 K. M. of West Dinajpur -Malda Border at Kandarpur, P. S. Bangshihar















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