MOHD PEAROO Vs. STATE

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 of Mohd. Idris under Sub-section (2) of Section 3 of the Preventive Detention Act, 1950.

(2.) It appears that the detenu, Mohd. Idris is being detained on the basis of an order of detention made by the Commissioner of Police, Calcutta, on February 5, 1968 under Section 3 (2) of the Preventive Detention Act, 1950. The detention order reads as follows: ''Whereas I am satisfied with respect to the person known as Mohd. Idris, son of Mohd. Israil of 19 Watgunge Street (Austin Berry Gali) Calcutta, that with a view to preventing him from acting in any manner prejudicial to the maintenance of public order it is necessary so to do, I therefore in exercise of the powers conferred by Section 3 (2) of the Preventive Detention Act, 1950 make this order directing that the said Mohd. Idris be detained."

(3.) Mr. Bose first submits that the detenu was taken into custody under Section 3 (2) of the Preventive Detention Act on August 15, 1967. But this Court set aside the order of detention and the detenu was released from prison on February 5, 1968. The detenu was again detained under the Preventive Detention Act on the same date. He argues that such detention is bad In law, He contends that since the previous detention order was set aside the District Magistrate was not competent to again detain the detenu under the Preventive Detention Act on the self-same grounds. It is not denied that the detenu has again been detained on the self-same grounds. But here it is not a question of revocation of the order of detention by the State Government. Here under the orders of the Court the detenu was set free not on considerations of merits but on a technical defect and so the detaining authority is competent to again detain the detenu on the same grounds. There is no bar in law to this. This objection therefore fails