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1975 Supreme(SC) 17

P.K.GOSWAMI, R.S.SARKARIA, V.R.KRISHNA IYER
Gopal Bauri – Appellant
Versus
District Magistrate, Burdwan – Respondent


Advocates:
G.S.CHATTERJEE, M.Qamaruddin, PRODYOT CHAKRAVARTI, Sukumar Basu

Judgment

GOSWAMI, J. :- This application for a writ of habeas corpus under Article 32 of the Constitution arises out of an order of detention made on June 25, 1973, by the District Magistrate Burdwan under sub-section (1) read with sub-section (2) of S. 3 of the Maintenance of Internal Security Act, 1971. The order was made in order to prevent the petitioner from acting in a manner prejudicial to the maintenance of supplies and services essential to the community. The grounds on which the said order is based are as follows :-

"(1) On 20-3-78 night at about 01.00 hours you with your other associates committed theft of ball bearings, and wheels of the bucket carriages of the rope -wavlines near Harishpur village and fee supply Of sand to the collieries was suspended. By such act you adversely affected the raising of supply of coal from the collieries which is essential for human consumption and for the maintenance of supplies and services essential to the community.

(2) On 21-3-73 at about 03.00 hours you with your other associates committed theft of ball bearings and wheels of the bucket carriages from the rope-way lines at Palashbon village causing suspension of supply of sand to the










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