1974 (2) TMI 99

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..... ise out of detention orders passed on different dates. But the orders of detention suffer from a common vice and it would be convenient to dispose of the two petitions by one judgment. Writ Petition No. 1856 of 1973 : The petitioner Fogla alias Nandulal Bhuiya was detained by the District Magistrate, Burdwan, under an order of detention dated January 3, 1972 passed under Sub-section (1) read .....

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..... st Bengal. In paragraph 7 of affidavit it is stated that the record discloses that the petitioner is a person of dangerous and desperate habits . It is obvious that the was one of the reasons for which the petitioner was detained but that was never communicated to the petitioner. He had therefore no opportunity to make an effective representation to the Government against the order of detention. .....

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..... ed to the petitioner do not refer to any incident of wagon breaking and therefore the petitioner had no opportunity of making an effective representation to the Government. It is clear from the affidavit that the detaining authority was influenced by the consideration that the petitioner was concerned with incidents involving breaking of wagons. This order in also in violation of Article 22(5) of .....

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