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JITENDRA NATH CHAUDHURI
Govind Ram Agarwal – Appellant
Versus
K. K. Dwivedi – Respondent


Mr. Bholanath Sen, Mr. Bhaskar Sen, Mr. Asoke Ganguly and Mr. N.P. Agarwalla, Advocates-For the Petitioner.
Mr. S. D. Banerjee, Mr. S. R. Chaudhuri, Mr. Jatin Ghosh and Mr. Sunil Chatterjee, Advocates-For the Respondents.

JUDGMENT

Jitendra Nath Chaudhuri, J. - This application has been assigned to this Bench by the learned Acting Chief Justice by his Order dated 3.3.86.

2. This is an interlocutory application filed on 15.2,86 of the petitioner, Sri Govind Ram Agarwal, signed by his son Suresh Kumar Agarwal, who has also affirmed the affidavit to the said petition on 15th February, 1986. The Habeas Corpus application under Article 226 of the Constitution of India, in which the present interlocutory application has been filed, is still pending before another learned Division Bench. The petitioner is a detenu under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (Act No. 52 of 1974), the order of detention being dated 8th November, 1985.

3. Mr. Bholanath Sen, learned Counsel for the petitioner, initially submitted that in this application he does not pray for any temporary release or perol of the petitioner. In his submission, since according to the Jail Authority the petitioner has to be operated upon for bleeding piles and the same cannot be done in the Jail Hospital, the petitioner should be allowed to be operated upon at his own expense either at the woodlands

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