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1974 Supreme(SC) 449

K.K.MATHEW, N.L.UNTWALIA, P.N.BHAGWATI
Daroga Rai – Appellant
Versus
State Of W. B. – Respondent


Advocates:
G.S.CHATTERJEE, R.V.MAHESHVARI

Judgment

BHAGWATI, J.:-The petitioner challenges an order of detention made by the District Magistrate, 24-Paraganas-under subsection (1) read with sub-section (2) of Section 3 of the Maintenance of Internal Security Act, 1971. The order of detention made on 17th August, 1972 and pursuant to the order of detention the petitioner was arrested on 22nd August, 1972. The grounds of detention served on the petitioner at the tune of his arrest referred only to one incident which was in the following terms:

"1. That on 6-6-72 at 02.45 hrs. you and your associates being armed with weapons and ballast broke open wagon No. SB-23416 loaded with rice on line No. 4 at Sealdah Marshalling Yard. On being challenged by duty RPF Patrol party you and your associates attacked them violently, when to save lives and Government properties RPF 6188 Nisith Ranjan Haldar fired 2 rounds in self defence from his rifle and as a result you sustained injuries but you with your associates fled away leaving two bags of rice at the P.O. You were subsequently arrested.

Your actions affected services and supplies there then."

The formalities required by the provisions of the Act were thereafter complied with within the







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