LAWS(CAL)-1968-2-17

KAMAKSHYA MUKHERJEE Vs. STATE OF WEST BENGAL

Decided On February 13, 1968
KAMAKSHYA MUKHERJEE Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) This Rule was issued upon an application under Section 491 of the Code of Criminal Procedure, filed on behalf of the detenu, Kamakshya Mukheriee, praying for a writ and/or direction in the nature of habeas cor pus against the State of West Bengal, the District Magistrate, Jalpaiguri and the Superintendent of Jail, Jalpaiguri.

(2.) The applicant before us has been detained under section 3(2) (a) of the Preventive Detention Act, 1950 (Act IV of 1950) by an order, being order No. 16-P.D.A. dated 9-8-67 passed by Shri S. P. Mallick District Magistrate, Jalpaiguri. By a further order No. 16A-P.D.A of 1967, bearing the same date, the petitioner was directed by the said District Magistrate to be detainpd in the Jalpaiguri Jail.

(3.) The order of detention, a copy whereof has been annexed to the petition moved in this court and marked as annex-ure 'A', is in these term: