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Sunil Kumar Das Vs. District Magistrate, Burdwan and anr. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtSupreme Court of India
Decided On
Judge
Reported inAIR1964SC349
ActsIndian Penal Code (IPC), 1962 - Sections 379
AppellantSunil Kumar Das
RespondentDistrict Magistrate, Burdwan and anr.
Excerpt:
- section 16(2)(ii) & 16(16)(v): [tarun chatterjee & v.s. sirpurkar, jj] sikh gurdwara - institution called "dera bhagat bhagwan" claimed by sgpc that it was sikh gurdwara held, high court was absolutely right in coming to the conclusion that the institution was not a sikh gurdwara, but an udasi dera. institution was governed by a chain of udasi mahants without break in the tradition of the succession from guru to chela-there is no evidence of there being a regular granthi in the institution and there does not existed even a nishan sahib. there was no further evidence that the sikh religious ceremonies were ever held. guru granth sahib, though was kept, did not have a fixed place for its parkash. there was clear evidence that there was gola sahib, murti of baba siri chand, smadhs of..........gajendragadkar, j.1. for the reasons which we have indicated in dealing with petition no. 145 of 1963, : 1964crilj257 this, petition must also be allowed, because the petitioner sunil kumar das, like the petitioner rameshwar shaw in petition no. 145 of 1963, : 1964crilj257 was locked up in custody on november 4, 1962 and continued in such custody until december 28, 1962. whilst he was in such custody, the order of detention passed by the district magistrate, burdwan, on november 29, 1962, was served on him on december 4, 1962. it is common ground that the petitioner was arrested in connection with burdwan police station case no. 2 dated the 3rd november, 1962 under section 379 of the indian penal code by sub-inspector dinesh chandra samanta, and he continued to be in custody on the date.....
Judgment:

P.B. Gajendragadkar, J.

1. For the reasons which we have indicated in dealing with petition No. 145 of 1963, : 1964CriLJ257 this, petition must also be allowed, because the petitioner Sunil Kumar Das, like the petitioner Rameshwar Shaw in petition No. 145 of 1963, : 1964CriLJ257 was locked up in custody on November 4, 1962 and continued in such custody until December 28, 1962. Whilst he was in such custody, the order of detention passed by the District Magistrate, Burdwan, on November 29, 1962, was served on him on December 4, 1962. It is common ground that the petitioner was arrested in connection with Burdwan Police Station Case No. 2 dated the 3rd November, 1962 under section 379 of the Indian Penal Code by Sub-Inspector Dinesh Chandra Samanta, and he continued to be in custody on the date when the order of detention was served on him. That being so, we direct that the order of against the petitioner by the District Magistrate, Burdwan, on November, 29, 1962 and served on him on December 4, 1962 is set aside and the petitioner Sunil Kumar Das is ordered to be released forthwith.


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