NARAYAN CHANDRA GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application under Section 491 of the Code of Criminal Procedure for a Writ in the nature of Habeas Corpus against the detention without trial of Baidyanath Ghosh under Sub-section (2) of Section 3 of the Preventive Detention Act.

(2.) The detenu, Baidyanath Ghosh was taken into custody on July 7, 1967 on the basis of a detention order made by the District Magistrate. Birbhum on the same day under Section 3 (2) of the Preventive Detention Act, 1950.

(3.) This application under Section 491 of the Code was made on July 28, 1967, when this Rule was issued. Subsequently, on an application on behalf of the detenu, on September 28, 1967. the detenu was released on interim bail pending the hearing of the Rule. The Rule could be taken up for hearing only today.