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1950 Supreme(Bom) 52

M.C.CHAGLA, P.B.GAJENDRAGADKAR
S. V. Ghate – Appellant
Versus
N. R – Respondent


Judgment

Chagla, C.J.

1. These three petitions presented under Section 491, Criminal P. C., challenge the orders passed by the Commissioner of Police on 26th February 1950 These three petitions are based on practically identical grounds and therefore it would be sufficient to deal with the facts in Petn. No. 250 of 1950.

2. Ghate, who is the petitioner in this petition, was detained by an order passed by the Commissioner of Police in 1948. He was detained at the Yeravda prison. Act IV [4] of 1950, which is a Central Act, came into force on 26th February 1950 and on that day the Com-missioner of Police passed the following order :

"Whereas the Commissioner of Police, Greater Bombay, is satisfied with respect to the person known as S. V. Ghate of Greater Bombay that, with a view to preventing him from acting in a manner prejudicial to the security of the State of Bombay and the maintenance of public order, it is necessary to make the following order :

Now, therefore, in exercise of the powers conferred by the Preventive Detention Act, 1950, the Commissioner of Police, Greater Bombay, directs that the said Section V. Ghate be detained."

It may be noticed in passing that Ghate is described a


















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