KARTIC CHANDRA GUHA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is a petition under Article 32 of the Constitution for a Writ or Order in the nature of habeas corpus.

(2.) The petitioner was detained by an order of the District Magistrate, 24-Parganas, passed on 24-5-1973 in exercise of the powers conferred by sub-section (1) read with sub-section (2) of S.3 of the Maintenance of Internal Security Act, 1971 with a view to preventing the petitioner from in a manner prejudicial to the maintenance of Pubic Order'. The petitioner was arrested on 30-5-1973 and the order along with the grounds was served on him on the same day. The grounds are as follows:

(3.) It appears that on these very grounds First Information Reports of the commission of cognizable offences had been filed. The accused was not to be found when the first two offences were being investigated but he was found in the circumstances referred to in ground No. 3 and was promptly arrested. He was produced before the Magistrate and was remanded into custody. While he was thus in custody on 30-5-1973, he was served with the detention order which had been passed on 24-5-1973.