9911796707
TMI Blog1972 (2) TMI 110X X X X Extracts X X X X X X X X Extracts X X X X ..... petitioner under Sub-section 1 read with Sub-section 3 of Section 3 of the Act by the District Magistrate, Murshidabad on January 27, 1971. According to the order of detention, the District Magistrate was satisfied with respect to the petitioner that with a view to preventing him from acting in any manner prejudicial to the maintenance of public order, it was necessary to make an order directing his detention. The petitioner in pursuance of the detention order was arrested on January 28, 1971 and was served with the same day with the ground of detention together with vernacular translation thereof. Report about the making of the detention order was sent by the District Magistrate to the State Government along with the grounds of detention ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... curiae on behalf of the petitioner and Mr. G.L. Mukhoti on behalf of the respondents on January 13, 1972, we directed that, for reasons to be recorded later, the petitioner should be set at liberty. We now proceed to give reasons in support of our decision. 5. Although a number of submissions were made on behalf of the petitioner at the hearing, it is, in our opinion, not necessary to deal with all of them as the detention order is liable to be quashed because one of the grounds for the detention of the petitioner was extraneous and did not in law justify the making of the detention order: 6. The grounds of detention which were supplied to the petitioner under Sub-section 1 of Section 8 of the Act read as under: (1) That on 8.12.1970 at ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... petitioner, in our opinion, does not fall under any of those Clauses. According to Mr. Mukhoti the facts set out in ground No. 1 would show that the petitioner received ₹ 10/- from the owner of Jnanada Pharmacy as a result of extortion. Extortion has been defined in Section 383 of the Indian Penal Code (IPC) as under: Whoever intentionally puts any person in fear of any injury to that person, or to any other, and thereby dishonestly induces the person so put in fear to deliver to any person any property or valuable security or anything signed or sealed which may be converted into a valuable security, commits "extortion." It would appear from the above definition that before a person can be guilty of extortion, he should i ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
