ABDUL GAFFER Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Abdul Gaffer, petitioner challenges the order dated 18-5-1972, of his detention made under S. 3 of the Maintenance of Internal Security Act, 1971. The detention order states that the detention was necessary to prevent the petitioner from acting in any manner prejudicial to the maintenance of supplies and services essential to the community. The impugned order was passed on these grounds:

(2.) In respect of, these incidents, three cases were registered with the police in regard to offences under Sections 147, 148, 337, 307 and 379. Penal Code. The petitioner was arrested in respect of those offences on March 10, 1972 and forwarded to the Judicial Magistrate who released him on bail on the same day. It was on 18-5-72 that the impugned order was made and the petitioner preventively detailed.

(3.) The District Magistrate who had passed the impugned order has not filed any affidavit. Instead, his successor-in-office has, in response to the Rule Nisi, filed the counter.