POKKOYA THANGAL Vs. ADDITIONAL DISTRICT MAGISTRATE

JUDGEMENT

(1.) These applications under Art.226 of the Constitution (O. P. No. 661 of 1968 cites Art.227 and S.446 sie. 491 of the Criminal Procedure Code as well), brought on behalf of two persons whose detention has been ordered under S.3 of the Preventive Detention Act, 1950, for a writ or order of the nature of a habeas corpus have been heard together since the facts are similar and the questions of law that arise are much the same.

(2.) Ex. R 1 dated 26-1-1968 in O. P. No. 661 of 1968 is the order of detention in that case. It was made by the Additional District Magistrate, Kozhikode (the 1st respondent herein) who has been specially empowered in that behalf under S.3(2)(b) of the Act. It was served on the detenu concerned on 27-1-1968 and he was arrested and taken to the Central Jail, Cannanore, where he is now under detention. (The Superintendent of the jail is the 2nd respondent while the State of Kerala is the 3rd respondent). Ex. R 2 dated 28-1-1968 is a memorandum containing the grounds on which the order of detention was made, and this was duly served on the detenu on 30.1.1968 as required by S.7 of the Act. Ex. R 3 dated 5.2.1968 is the order made by the State Government under S.3(3) of the Act approving the order of detention made by the Additional District Magistrate (incorrectly referred to in the order as the District Collector, another, and the principal, office that the Additional District Magistrate holds) in respect of the detenues in these two cases and four other detenues.

(3.) Exs. R 1, R 2 and R 3 run as follows: R l: