HARU DAS GUPTA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner was arrested and detained on February 5, 1971 in pursuance of an order of detention passed on that very day by the District Magistrate, 24 Parganas under Sec. 3 (1) of the West Bengal (Prevention of Violent Activities) Act, President's Act 19 of 1970.

(2.) There is no dispute that, as required by the Act, his case was referred to the Advisory Board and on receipt of its report that there was sufficient cause for his detention, the State Government, under Sec. 12 of the Act made an order or decision confining the said detention order and continuing his detention thereunder. The order of confirmation and continuation was made on May 5, 1971.

(3.) The only contention raised in this petition was that the order of decision of confirmation of the said detention order was made one day after the expiration of the period of three months from the date of detention, that the said period of three months would end on the midnight of May 4, 1971, and that any confirmation and continuation of detention made thereafter would not be valid.