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1975 Supreme(SC) 59

R.S.SARKARIA, V.R.KRISHNA IYER
Magan Gope – Appellant
Versus
State Of W. B. – Respondent


Advocates:
G.S.CHATTERJEE, GAUTAM GOSVAMI, Sukumar Basu

Judgment

SARKARIA, J. :- Magan Gope, petitioner challenges the validity of the order of his detention made by the District Magistrate, Purulia under Section 3 of the Maintenance of Internal Security Act, 1971. The order states that the detention has been made to prevent him from acting in any manner prejudicial to the maintenance of public order.

2. The impugned order is founded on two grounds which run as under:

"1. On 1-11-73 at about 09-00 hrs, you along with your associates attacked Home Guard No. 900 Aswini Mohanti and 3 others of Layadi Home Guard Camp who were on cordoning patrol near Kashipur village, P. S. Joypur close to Bihar border when they arrested you with rice, Dalda, Kerosene Oil, wheat, which were being carried by you and threatened them with death and snatched away the seized commodities from their custody.

In consequence of your said activity which comes within the purview of sections 143/186/332/506, I.P.C. and 7 (i) (a) (ii) of Act X of 1 the maintenance of Public Order was disturbed.

The said activity thus attract sub-clause (ii) of Clause (a) of subsection (1) of Section 3 of the Maintenance of Internal Security Act, 1971 (Act 26 of 1971).

2. On 6-11-73 at about 1
























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