LAWS(SC)-1967-12-4

RAMESHWAR LAL PATWARI Vs. STATE OF BIHAR

Decided On December 01, 1967
RAMESHWAR LAL PATWARI Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) The appellant (Rameshwar Lal Patwari) applied under Article 226 of the Constitution and S. 491 of the Code of Criminal Procedure for a writ or order in the nature of Habeas Corpus for his release from detention in Bhagalpur Central Tail in pursuance of an order of detention passed by the Governor of Bihar on July 4, 1967 under S. 3 (1) (a) (iii) of the Preventive Detention Act, 1450. He was arrested under the order on July 11, 1967 and was served on July 13, 1967 with a copy of the grounds on which his detention was based to enable him to make a representation. He made a representation but his release was not recommended. His application in the High Court was also dismissed. He now appeals by special leave.

(2.) The order of the Governor recites that it is necessary to make an order for his detention to prevent him from acting in any manner prejudicial to the maintenance of supply and services essential to the community. The grounds which were furnished to him were as follows:

(3.) The grounds were challenged by the appellant in the High Court. According to him some of them did not exist in fact and others were vague or irrelevant. The High Court scrutinised them and came to the conclusion that his complaint had no substance. In this appeal he urges the same contentions and submits that the High Court was in error in its conclusion.