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1973 (12) TMI 104

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..... nce of the detention order, the petitioner was arrested on May 14, 1973 and was served with the order of detention as also the grounds 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 and the said Government approved the detention order on May 18, 1973. The case of the petitioner was placed before the Advisory Board by the State Government on June 5, 1973. The petitioner sent a representation against his detention and the same was received by the State Government on June 2, 1973. The State Government rejected the representation on June 4, 1973 and forwarded the same to the Advisory Board. The Advisory Board after considering .....

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..... tate Government in its Home Department on June 2, 1973 after it had been forwarded by the Superintendent, Hooghly Jail. The said representation was then considered and was rejected by the State Government on June 4, 1973. It cannot, in our opinion, be said that there was any delay in the disposal of the representation of the petitioner by the State Government. It has been urged that the representation was sent by him from jail on May 25, 1973 and that a period of 10 days elapsed from the date of the submission of the representation and its actual disposal. The above period cannot also be said to be so inordinately long as might affect the validity of the detention. 5. It has next been argued on behalf of the petitioner that the detention .....

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..... 14 Quintals and 55 kgs. of smuggled rice belonging to you and your associates after rummaging the said train. At this you and your associates launched a violent attack on the anti-smuggling party and threw ballasts towards them causing injuries on the persons of some of the anti-smuggling staff with a view to scare them away and thus attempted to, escape with the smuggled rice. The anti-smuggling party had to open fire in self defence and could be able to arrest two of your associates on chase when you and your other associates managed to escape. As a result of this, there was serious disruption in the smooth running of train services on Tarakeshwar-Howrah line causing inconvenience to the travelling public and transhipment of commodities .....

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..... nternal Security Act, 1971 (Act 26 of 1971). 3. On 23-4-73 at 12-20 hrs. when train No. C-258 Down (Burdwan-Howrah Chord line local) arrived at Kamarkundu Railway Station, the anti-smuggling party of Howrah G.R.P. Cordoning saw you in a 3rd class compartment of the said train with the bags of smuggled rice in contravention of the provisions of the West Bengal Rice and Paddy (Restriction on Movement) Order, 1968. The anti-smuggling staff under the command of S.I., J.C. Das arrested you from the 3rd class compartment of the said train with two gunny bags containing 169 kgs. of rice which you were carrying without any permit or authority, By your such act you tried to frustrate the food policy of the Government in respect of supply and dist .....

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