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1950 Supreme(Pat) 125

S.K.DAS, SINHA
Chandra Sheikhar Prasad Singh – Appellant
Versus
State Of Bihar – Respondent


Judgment

Sinha, J.

1. This application was made by the petitioner on 27-2-1930, under Sec. 491, Criminal P. C. and Article 226 of the Constitution of India. At that time the petitioner was being detained under the Bihar Ordinance II [2] of 1950, the detention order under that Ordinance having been served on him on 17-2-1950. It appears, however, that after the Preventive Detention Act, 1950 (iv [4] of 1950) came into force, an order of detention was passed against the petitioner on 27-2-1950. This order was served upon him on 28-2-1950 and the grounds of detention were communicated to him on 17-3-1950. As this application was made before the present Act IV [4] of 1950 came into force, no specific grounds" relating to this Act were mentioned in the petition. Mr. B.C. Ghose, the learned counsel for the petitioner, has, however, made submissions as if the application was made after the order of detention against the petitioner was passed under the Preventive Detention Act of 1950, and no objection having been raised by the State, the Court has heard Mr. Ghoses arguments as if objection was taken to the detention of the petitioner under the present Act. Mr. Ghose has submitted that the




















































































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