LAWS(MPH)-1959-8-38

SAMPURNANAND Vs. STATE OF M.P.

Decided On August 31, 1959
SAMPURNANAND Appellant
V/S
STATE OF M.P. Respondents

JUDGEMENT

(1.) THIS is a petition under Section 491 of the Criminal Procedure Code and Article 226 of the Constitution of India for the issue of a writ in the nature of habeas corpus.

(2.) PETITIONER Sampurnanand has stated that Police Pohri effected his arrest on 4 -2 -59 under Section 411 I.P.C. On an application being moved and allowed for bail, but before security for bail could be furnished in order to set at naught the order of the Court granting bail, the Collector, Shivpuri, clamped upon him an order under Preventive Detention Act on 4 -2 -59. The petitioner was supplied grounds of detention on 5 -2 -59. The submission of the petitioner with regard to his detention are three fold. First, that the grounds of detention supplied to him are vague and that in consequence, he could not make an effective representation against them. Two, that the grounds No. 6 and 7 are extraneous to the purpose of Preventive Detention Act. Three, that the order of detention passed against him is malafide,

(3.) THE grounds furnished to the detenue are seven in number. The first ground sums up the substance of accusation which in the main is that the detenue has an association with Amritlal dacoit who has been declared as Public Enemy No. 3 by the Madhya Pradesh Government.