SAHADAT ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) SAHADAT All Mandal is in detention and has applied for a writ in the nature of Habeas Corpus under Article 226, Constitution of India.

(2.) HIS house was searched on 14 -7 -1952 and some documents were recovered. He was arrested and was produced before the Sub -divisional Magistrate, Goalpara on 15th July. He directed his remand to police custody till 26 -7 -195 -2. A case under Section 8B, Assam Maintenance of Public Order (Amendment) Act, 1951, was registered against him.

(3.) ON his release on 1st September the petitioner had hardly gone some paces from the jail where he was re -arrested. He was informed that he was being arrested under the Preventive Detention Act. The order of detention dated 29 -8 -1952 was served on him in Nowgong Jail where he was taken after his arrest. This order was passed by the Governor of Assam in the exercise of powers conferred on him by Sub -section (1) of Section 3 read with Sub -clause (ii) of Clause (a) of the said Section and by Section 4, Preventive Detention Act, 1950 (Act 4 of 1950).