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1975 Supreme(Cal) 35

S.BASU, BIMAL CHANDRA BASAK
TAPAN KUMAR GANGULY – Appellant
Versus
STATE OF WEST BENGAL – Respondent


JUDGEMENT

Bimal Chandra Basak, J. :- In this application for a Writ in the nature of Habeas Corpus the detenu is challenging an order of detention passed by the District Magistrate, 24-Parganas on the 17th of May, 1973, in exercise of the powers conferred upon him by Sub-Section (1) read with Sub-Section (2) of Section 3 of the Maintenance of Internal Security Act 1971 (hereinafter referred to as the said Act). The said order was made with a view to preventing the detenu from acting in any manner prejudicial to the maintenance of public order. In view of our finding, as hereinafter stated, it is not necessary to set out the grounds of detention served on the detenu.

2. Mr. Kundu, learned Advocate appearing in support of the Rule raised various contentions before us which were not found acceptable by us. But in respect of the procedural requirements, Mr. Kundu submitted before us that the detention is illegal in as much as the fact of making of the order was not reported "forthwith" as required by Sub-Section (3) of Section 3 of the said Act. It appears that the said order of detention, though made on 17th May, 1973, was reported to the State Government under Section 3(3) of the said
















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