NATHUNI LAL GUPTA Vs. STATE

JUDGEMENT

(1.) This is an application under Article 228 of the Constitution of India for determination of several constitutional questions raised in paragraph 10 of the petition.

(2.) The petitioners are 158 in number against whom proceedings were started under Rule 41(5) read with Rule 41(1) (a), Rule 35(3) and Rule 36(4) of the Defence of India Rules, 1962. They were all workmen of Shri Luxmi Flour Mills Ltd., 243, Upper Chitpore Road, Calcutta. The complaint against them was that they had squatted outside the main gate and rear entrance of the said Mill in order to prevent anybody from going in or coming out of the said Mill premises and had refused to allow others to lift 27,000 mds. of finished wheat products for dispatch by trucks and rail with the result that there was every chance of the said stock getting rotten. The complaint was taken by a Presidency Magistrate of Calcutta who overruled the preliminary objections raised before him on behalf of the present petitioners.

(3.) In the petition filed in this Court the points formulated for determination are :