B SUNDAR RAO Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioners (1) B. Sundar Rao, (2) P. Appala Swamy (3) Raghunath Patro, (4) Budhi Ramalingam and (5) Kidari Dandasi have applied to this court for a writ in the nature of habeas corpus alleging that they have been illegally detained. The petitioners along with some others were arrested in January, 1969 on a charge of conspiracy under sections 120-B r/w IPC and 25 (f) of Arms Act. The case came for hearing before the Assistant Sessions Judge, Koraput, Jaipur. On 17-4-1971 the petitioners were acquitted. They were, however arrested by the local police at 5.30 P. M. on the same day under section 151 Cr. P. C. and produced before the Magistrate on the next day i.e. 18-4-1971. Since proceedings under section 107 Criminal Procedure Code were contemplated, they appear to have been remanded to jail custody. On 20-4-1971 they were served with an Order dated 19-4-1971 passed by the District Magistrate, Koraput detaining them under section 3 (2) of the Orissa Preventive Detention Act,1970. Each one of the petitioners was served with a separate order of detention. The order of detention so far as it is relevant is as follows:

(2.) After the present petition was filed further grounds were permitted to be filed. Affidavits-in-reply supporting the Order of detention were filed on behalf of the State.

(3.) Section 3 (2) of the Orissa Preventive Detention Act, 1970 provides: