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1974 Supreme(SC) 280

P.JAGANMOHAN REDDY, P.K.GOSWAMI, P.N.BHAGWATI, R.S.SARKARIA
Serajul – Appellant
Versus
State Of W. B. – Respondent


Judgment

BHAGWATI, J.:- The petitioner challenges his detention under an order dated 24th August, 1972 made by the District Magistrate, Burdwan under section 3 of the Maintenance of Internal Security Act, 1971. There are several grounds taken in the Petition for challenging the validity of the order of detention, but it is not necessary to refer to them since we find that there is one ground which is sufficient to dispose of the petition. To appreciate this ground it is necessary to notice a few facts.

2. The order of detention was made on 24th August, 1972 and it was based on the subjective satisfaction of the District Magistrate. Burdwan that it was necessary to detain the petitioner with a view to preventing him from acting in any manner prejudicial to the maintenance on supplies and, services essential to the community. This subjective satisfaction, as the grounds on detention furnished to the petitioner show, was founded on three incidents of breaking open railway wagons and looting their contents committee by the petitioner and his associates. One was an incident on 21-11-1971, the other was an incident on 24-11-1971 and the third was an incident on 15-1-1972. Though the last i




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