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1981 Supreme(Bom) 182

D.M.REGE, D.N.MEHTA
Vinita Dattatraya Samant – Appellant
Versus
Commissioner of Police, Thane & others – Respondent


Judgment

D.M. REGE, J.:---This petition for Haebus Corpus under Article 22(5) of the Constitution is by the wife of a detenu Dr. D. Samant detained under the National Security Act, 1980.

2. On 24th June, 1981, the detenu while on his way to Shivaji Part for addressing a rally was arrested, taken to the C.I.D. Office and there served with a detention order dated 23-6-1981 issued by the Commissioner of Police, Thane. No grounds of detention and the material on which they were based were served on the detenu then. According to the first respondents affidavit in reply letter dated 25-6-1981 by the detenus Advocate Shri Dhun Canteenwalla asking for the grounds and material was not replied to as it was not accompanied with an authority from the detenu to that effect. It seems after the service of the detention order the detenu was removed to Akola District Prison, Akola, about 400 miles away from Bombay.

3. On 25-6-1981 respondent No. 1 made a report to the State Government under section 3(4) of the National Security Act. According to respondent No. 1, however, on 28th June, 1981, the Police Officer was deputed to Akola District Prison where the detenu was detained to serve on the detenu t



























































































































































































































































































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