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1974 Supreme(SC) 278

P.JAGANMOHAN REDDY, P.K.GOSWAMI
Ajit Kumar Kaviraj – Appellant
Versus
District Magistrate. Birbhum – Respondent


P.K.GOSWAMI, J.

(1) BY this application under Artide 32 of the Constitution for a writ of habeas corpus the petitioner challenges the validity of the order of detention passed by the District Magistrate, Birbhum, on 21/03/1973, under S. 3 of the Maintenance of Intemal Security Act, 1971 (Act No. 26 of 1971). The order of detention is passed on the ground that the petitioner has been acting in a manner prejudicial to the maintenance of supplies and Services essential to the community. The impugned order is specifically founded on two grounds communicated to the petitioner. These are as follows:

(1) On 28/01/1973 at about 4.30 p.m. you as a Direct Purchasing Agent of the Food Corporation of India sold out four quintais of paddy from the stock held in the account of the F.C.I. to Sk. Subhan, Sk. Rakib and Sk. Ambur of Sahapur, P.S. Khoyrasole and by such clandestine deal in paddy you hindered the procurement of paddy and thereby acted in a manner prejudicial to the maintenance of supplies and Services essential to the community.

(2) On 28/01/1973 at about 10.30 p.m. a stock of 12 quintais 15 Kg. of paddy was found in your godown but you failed to show any r





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