G. P. SINGH, K. K. ADHIKARI,, J.

( 1 ) - By this petition under a Article 226 of the Constitution, the petitioner seeks issuance of a writ of habeas corpus for release of his brother Guddu alias Pramod Tiwari who has been detained under section 3 of the National Security Act, 1980 by order of the District Magistrate, Damoh, passed on 23rd August 1982 with a view to prevent him from acting in any manner prejudicial to the public order.

( 2 ) THE detenu was also arrested under the National Security Act and he was released on 1st March 1982 after the expiry of the period of his detention. According to the grounds of detention the detenu immediately after his release started again indulging in activities prejudicial to the public order and, therefore, his detention became again necessary. It is, however, mentioned in para 28 of the grounds that the detenu had already been arrested and was in jail at the time when the detention order was passed. Some of the offences that were alleged against the detenu were non bailable such as offences under sections 394 and 307 I. P. C. Neither the grounds of detention nor the return filed on behalf of the respondents shows as to why the District Magis

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