BISANDEO SARNIA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an appeal from an order of Mr. Justice Salil Kumar Dutta refusing to grant an ad-interim order of stay of an order of detention passed on the petitioner on the 5th. Oct. 1971, under the Maintenance of Internal Security Act, 1971. From the records, it appears that in support of the order of detention five separate grounds were advanced. We propose briefly to deal with these grounds separately.

(2.) The first ground is that on 11.11.1970 on the basis of secret information, various articles belonging to the railway were recovered by the Police from the petitioner's godown at Nimpura in Kharagpur. The petitioner, it is alleged, could neither produce any receipt, nor could account for the possession of these properties.

(3.) The goods were seized on the 11th Nov., 1970. But the order of detention was not passed till the 5th. Oct., 1971. Moreover a Criminal case under sections 379/411 of the Indian Penal Code was instituted. This is case No. N.G R. 33(S) of 1971 in the Court of the Magistrate, First Class, Midnapore. In this case, the appellant was one of the accused. The appellant surrendered in court and was released on bail in the sum of Rs. 200.00. The Criminal Case is still pending. A Seizure List was a drawn up in connection with this case.