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1951 Supreme(Ori) 21

JAGANNADHA DAS, NARASIMHAM
RATANLAL GUPTA – Appellant
Versus
DISTRICT MAGISTRATE OF GANJAM – Respondent


Advocates Appeared:
P.V.B.RAO

JAGANNADHADAS, J.

( 1 ) THESE two applications raise almost identical questions for consideration and are accordingly deals with by this common judgment. The petitioner in cr. Misc. case No. 36/51 is one Ratanlal Gupta and in Cr. Misc. No. 37/51 is one Aska Ram soman.

( 2 ) THESE two petitioners were arrested at about 3 A. m. early morning of 16-3- 51 at Berham-pur. This arrest was consequent upon investigation which followed a report received by the Sub-Inspector of Govt. Railway Police from the Sub Inapector, Town Police. The petitioners were produced on the 16th itself before the Sub Divisional Magistrate under police custody with a forwarding report that they were found smuggling 1467 yards of cloth from berhampur at the railway station and are believed to have committed an offence under Section 7 of Act XXIV [24] of 1946. They were remanded to custody till 28-3-51. Meanwhile on 17-3-61 the petitioners moved for bail. This was opposed on the ground that the offence was presumed to relate the blackmarketing, that the sections were non-bailable, that there was a move for their detention under the Preventive Detention Act, and that the petitionera belong to Calcutta and may absc

























































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