GURUPADA NAYAK Vs. DISTRICT MAGISTRATE BURDWAN

JUDGEMENT

(1.) THE detenus in these two Rules, namely Saktipada nayek and Siddheswar Nayak were detained pursuant to orders of detention being passed against them in January 18, 1974 by the District Magistrate, burdwan, under Section 301 the Maintenance of Internal Security Act, 1971 with the object of preventing them from acting in a manner prejudicial to the maintenance of supplies and services essential to the community. The grounds of detention in both the cases are identical.

(2.) IT has been submitted before us by Mr. Dilip Kumar Dutt, learned advocate appearing on behalf of the; petitioner in the two Rules that over the incident mentioned in the ground of detention a specific- criminal case being Burdwan P. S. Case No. 10 dated 5. 1. 74 (D. E. B. G. R. Case No. 2 of 1974)under Section 7 (i) (a) (ii) of the Essential Commodities Act, 1955 was started against the detenus in the court of the sub-divisional Judicial Magistrate burdwan Sadar. Saktipada Nayek was released on bail by the learned Magistrate on January 5, 1974 and Siddheswar nayek on January 10, 1974. After they had been released on bail, both. of them were taken into custody on. March 24, 1974 when the impugned orders and the orders containing the ground of detention were served upon them. As such, according to Mr. Dutt. , the detention orders have been vitiated. as the detenus did not get a proper and reasonable opportunity to make effective representations against the impugned orders.

(3.) MR. Pramodranjan Ray, learned junior Govt. Advocate appearing on behalf of the State, does not dispute the fact that a specific criminal case was pending against the detenus on the same allegations as made against them in the ground of detention. Mr. Ray has, however, submitted that the case was at the stage of investigation and the charge-sheet had not yet been submitted.