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1983 Supreme(SC) 281

A.N.SEN, RANGANATH MISRA
District Magistrate, Nowgong – Appellant
Versus
Sarat Mudoi – Respondent


Advocates:
M.M.ABDUL KHADER, MANIK KARANJAVALA, S.K.NANDY, V.M.TARKUNDE

JUDGMENT

RANGANATH MISRA, J.:—The detaining authority under Section 3(2) read with Section 3(3) of the National Security Act, 1980 (Act for short) being the District Magistrate of Nowgong and the State of Assam assail the decision of the High Court at Gauhati quashing the order of detention.

2. On October 20, 1982, the District Magistrate made the following order :

"Whereas I am satisfied from the dossier submitted by Superintendent of Police, Nowgong that it is necessary to prevent Shri Sarat Mudoi s/o Shri Renu Mudoi, village Senchows, P. S. Nowgong from acting in any manner prejudicial to maintenance of public order and maintenance of supplies and services essential to the community I. S. Kablian I.A.S., District Magistrate, Nowgong, hereby in exercise of powers conferred under Section 3(2) read with Section 3(3) of National Security Act, 1980, direct that Shri Sarat Mudoi be detained with immediate effect until further orders".

3. In the grounds of detention which were supplied to the detenu within the time provided by law, six grounds were specified. Before the High Court several contentions were raised including the one to the effect that if the detaining authority does not spec











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