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SABYASACHI MUKHARJEE, RANGANATH MISRA, R.S.PATHAK
Suraj Pal Sahu. – Appellant
Versus
State of Maharashtra – Respondent


JUDGMENT

Sabyasachi Mukharji, J. - Writ Petition No. 290 of 1986 and Special Leave Petition (Criminal) No. 1265 of 1986 are connected and related to an order of detention of one Rampal Sahu dated 16th December, 1985 under section 3(2) of the National Security Act, 1980 (hereinafter called the said 'Act). These are dealt with by this judgment.

2. The said Rampal Sahu (hereinafter called 'the detenu') was detained by the aforesaid order, which was served on him on 17th December, 1985 with the grounds of detention. According to the writ petition as well as the special leave petition the grounds of detention served on the detenu did not disclose any violation of the Essential Commodities Act or Essential Services Maintenance Act. In the premises it is the contention of the petitioner that the detention was illegal and unconstitutional. The State of Maharashtra approved the detention on 24th December, 1985.

3. The detention order as mentioned hereinbefore was under section 3(2) of the said Act. The detenu was arrested on 17th December, 1985 and the grounds of detention were served on the same day. The order alleged, inter alia, that since the year 1979, the detenu had been continuously

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