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1976 Supreme(SC) 10

N.L.UNTWALIA, P.K.GOSWAMI, P.N.BHAGWATI
State Of Orissa – Appellant
Versus
Manilal Singhania – Respondent


Advocates:
B.P.MAHESHVARI, B.PARTHASARTHY, M.K.RAMAMURTHY, SHANKAR DAS BANERJEE, Suresh Sethi, V.S.DESAI

JUDGMENT

BHAGWATI, J.:—This appeal arises out of a writ petition filed by the 1st respondent challenging the order of detention dated 15th October, 1974, made by the District Magistrate, Sambhalpur in exercise of the powers conferred on him under Section 3 (2) (a) (iii) of the Maintenance of Internal Security Act, 1971. The High Court of Orissa allowed the writ petition and quashed the order of detention on two grounds; firstly, that the material before the District Magistrate was not such that any reasonable man could possibly arrive at a subjective satisfaction that it was necessary to detain the petitioner with a view to preventing him from acting in a manner prejudicial to the maintenance of supplies essential to the community, and in any event, there was relevant material in existence to the knowledge of the District Magistrate which he failed to take into account in reaching his subjective satisfaction, and secondly, there was delay on the part of the State Government in considering the representation of the 1st respondent against the order of detention and this delay was not satisfactorily explained. The validity of both these grounds is challenged in the present appeal brou








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