JAICHAND LAL SETHIA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is brought, by special leave, against the judgment of the Calcutta High Court dated February 8, 1966 in Criminal Misc. Case No. 266 of 1965 refusing to grant a writ in the nature of habeas corpus ordering the release of the appellant, Jaichand Lal Sethia from detention under an order passed by the Government of West Bengal under R. 30 of the Defence of India Rules.

(2.) After the Conclusion of arguments in this case on May 3, 1966 we expressed the view that this appeal should he dismissed, and the reasons will be stated later. We now proceed to express those reasons.

(3.) The case of the appellant is that he was carrying on business of purchasing and selling goods like cloves, cinnamon, dyestuff, etc. in the City of Calcutta. In the month of January, 1963 the appellant had some trouble with the police of Burrabazar, P. S. in Calcutta, particularly with the Sub-inspector Kalyan Dutt, Officer-in-charge of that Police Station. The appellant also said that he incurred the displeasure of the officers of the Customs Department who had illegally seized the goods of the appellant and also prevented him from participating at the auction-sales of Customs Department. The appellant had made a complaint to the higher authorities of the Customs Department in this respect. On September 27, 1965 the order of detention of the appellant was made by the Government of West Bengal under R. 30 of the Defence of India Rules and in pursuance of that order the appellant was detained in the Presidency Jail at Calcutta. The order of detention being No. 7422 H. S. of the Government of West Bengal Home Department Special Section reads as follows:-