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1975 Supreme(SC) 20

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


Judgment

SARKARIA, J.:- Abdul Gaffer, petitioner challenges the order dated 18-5-1972, of his detention made under S. 3 of the Maintenance of Internal Security Act, 1971. The detention order states that the detention was necessary to prevent the petitioner from acting in any manner prejudicial to the maintenance of supplies and services essential to the community. The impugned order was passed on these grounds:

"1. On 18-7-71 at 02/15 hrs. you along with your associates being armed with deadly weapons like daggers etc. committed theft in respect of D. O. Plates from the Rly. Yard near Tikiapara Fly Over Bridge. Being challenged by the (person) on duty R.P.F. party you and your associates attacked them by pelting stones causing injury to the R.P.F, party. The R.P.F, had to open fire when you and your associates fled away leaving behind 3 (three) pieces of D.O. plates. In consequence of theft of Rly. property running of the train services were disrupted.

2. On 25-11-71 at 14/15 hrs. in between Chandmari Bridge and Tikiapara Foot over bridge you along with your associates being armed with deadly weapons committed theft in respect of batteries from empty rakes standing on the Rly. track.















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