BHUPATI GOSWAMI Vs. C.R. KRISHNAMURTHI

JUDGEMENT

(1.) THIS is an application under Article 226 of the Constitution of India praying for a writ in the nature of habeas corpus and directed against the order of detention passed on 2nd March 1968 by the District Magistrate, Kamrup, under Section 3(2) of the Preventive Detention Act, 1950, hereinafter referred to as 'the Act'.

(2.) THE facts appearing in the petition as well as in the counter -affidavit are as follows:

(3.) IT is admitted that the impugned order was served on the petitioner while in jail custody in connection with some other offences. The District Magistrate in his affidavit has affirmed that as there was possibility of the petitioner being released on bail and he was satisfied from his activities that immediately on his release on bail he would indulge in like activities prejudicial to the security of the State and maintenance of public order, he passed the impugned order on 2nd March 1968. The petitioner also has admitted that but for this detention order, he would have been released on bail. In this context the point that arises for consideration is whether an order under the Preventive Detention Act will be invalid in law if the same is served while the petitioner is in custody. The learned Counsel draws our attention to a decision of the Supreme Court in the case of Rameshwar Shaw v. District Magistrate, Burdwan : 1964CriLJ257 , where the following passage occurs: