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1973 Supreme(Cal) 138

SANKAR PRASAD MITRA, PUMA CHANDRA BAROOAH, AMAL KRISHNA DE
Ram Narayan Gupta – Appellant
Versus
District Magistrate, Midnapore – Respondent


Advocates Appeared:
Ananga Kumar Dhar and Sashankha Ghosh - for the petitioner
Somendra Chandra Bose, Siblal Bose and Barendra Nath Sur - for Respondents
Debaprasad Choudhury as amicus Curiae.

Order

Sudhamay Basu, J.

This Rule obtained on an application under section 491 of the Code of Criminal Procedure by Shri Chunilal Gupta, & son of the detenue, Shri Ram Narayan Gupta, relates to an order of detention dated the 7th of April, 1972 passed by the District Magistrate, Midnapur in exercise of the powers vested in him under sub-section (1) read with sub-section (2) of section 3 of the Maintenance of Internal Security Act, 1971. The detenu was arrested on the 13th of April, 1972 by virtue of the said order on the ground that he was "acting in a manner prejudicial to the maintenance of supplies and services essential to the community as evidenced by the particulars given below ;-

2. On 2. 7. 71 at about 20.00 hrs. you along with your associates committed theft in respect of D. C. Relays from J. Cabin, Nimpura, worth about Rs. 3000/-. Due to such act of yours, out original of Nimpura failed and the train services remained suspended for several hours.

Thus you acted in a manner prejudicial to the maintenance of supplies and services essential to the community. (2) On 7. 7. 71 about 07.00 hrs. you were found proceeding with a bag in a rickshaw towards Kharagpur Rly. Station. The ba




































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