RAM ADHAR MISRA Vs. STATE

JUDGEMENT

(1.) In these criminal Miscellaneous cases the point that arises is whether an order of detention passed under Section 3, Preventive Detention Act, 1950 (Act IV [4] of 1950) which does not specify the periods of detention is valid. In the case of M. M. Bashir v. State, 1950 A. L. J. 518: (A. I. R. (38) 1951 ALL. 357) a learned single Judge of this Court took the view that such an order was not legally valid. He has based his finding on the analogy of the sections of the Penal Code which prescribe punishments for various offences. It is pointed out that although in all these sections only the maximum periods of imprisonment to which the offender may be sentenced are specified, still Courts while convicting offenders under these sections pass sentences of imprisonment upon them for definite terms. In these sections the words generally used are to the effect that the offender "shall be punished with imprisonment.... which may extend to...." These words, in my view, indicate that the sentence of imprisonment must be for a definite term which in no case is to exceed the maximum term of imprisonment prescribed for that particular offence. There are provisions in the Penal Code as well as the Code of Criminal Procedure (e.g. Section 73, Penal Code and Sub-section (2) of Section 367, Criminal P. C.) which cleanly indicate that the imprisonment to which offenders may be sentenced under the Penal Code must be for a specific term. But the position under Section 3, Preventive Detention Act, 1950, seems to be entirely different and it does not seem necessary under that section that the order of detention should specify the period during which the detenu would be kept under detention. An examination of the scheme of the Act would also indicate that this is so. Section 3 gives power to the Central Government or the State Government in certain circumstances to

(2.) In Cri. Misc. Case No. 1334 of 1950 (Ram Adhar Misra v. State) a further point has been taken that the grounds of detention communicated to the applicant under Section 7 of the Act are vague and indefinite and our attention has been drawn to the case of Rex v. Durga Das, 1948 A. L. J. 491 : (A. I. R. (36) 1949 ALL. 148 : 50 Cr. L. J. 214 F. B.) in which a Full Bench of this Court took the view that the grounds and particulars communicated to the detenu

(3.) Some of the detenus, namely, Bhagwan Prasad, Ram Dularey, Sami Ullah Khan, Hargend Singh and Acharya Deepankar were present in person and were given an opportunity of addressing this Court personally with respect to their respective cases. But apart from the fact that their orders of detention did not specify the period of detention, which matter has already been dealt with above, the points raised by them are not relevant to the matters which are before us and need not be discussed.