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In Re: Adhir Kumar Sharma - Court Judgment

LegalCrystal Citation
SubjectConstitution
CourtSupreme Court of India
Decided On
Case NumberWrit Petn. No. 369 of 1968
Judge
Reported in1969(I)LC58(SC)
ActsPreventive Detention Act - Sections 3(2)
AppellantIn Re: Adhir Kumar Sharma
DispositionPetition allowed
Cases ReferredPushkar Mukherjee and Ors. v. State of West Bengal
Excerpt:
- land acquisition act (1 of 1894)section 23: [d.k. jain & r.m. lodha , jj] acquisition of land--compensationheld, merely because a different conclusion could be possible on two sets of sale instances is no ground to interfere with the award of high court. high court has taken into consideration an instance which is more closer to appellants land in respect of date of acquisition. there is no ground to interfere with the award of the high court when it has taken into consideration an instance which is more closer to appellant's land in respect of the date of acquisition, happened to be in the same village and acquired for the same purpose. .....cause for the petitioner's detention.2. pursuant to rule nisi issued by this court copies of grounds of detention and other relevant orders have been produced. most of the grounds are not at all relevant to the maintenance of public order. by way of illustration ground no. (c) may bereproduced :'at about 12 a.m. on 7-10-66 you in a drunken condition vociferously threatened that you would assault mrs. purnima kundu wife of satyacharan kundu of chashapera and abused her in filthy language. you behaved in this way on the occasionof trifling disputes.'in view of our previous decisions and in particular our decision in pushkar mukherjee and ors. v. state of west bengal, decided on november 7, 1968, the petitioner is entitled to be released.the petition is accordingly allowed and the.....
Judgment:

Grover, J.

1. This is a petition under Article 32 of the Constitution by Adhir Kumar Sarma who is also one of the petitioners in writ petition No. 372/68. He was detained by an order of the District Magistrate, Nadia, dated October 8, 1967 made under Section 3(2) of the Preventive Detention Act 1950. It is stated in the order that his detention is necessary with a view to preventing him from acting in any manner prejudicial to the maintenance of public order. The detention order was approved by the State Government on October 19, 1967. The case of the petitioner was referred to the Advisory Board which, after considering all the material and affording a personal hearing, reported that in its opinion there was sufficient cause for the petitioner's detention.

2. Pursuant to Rule Nisi issued by this Court copies of grounds of detention and other relevant orders have been produced. Most of the grounds are not at all relevant to the maintenance of public order. By way of illustration ground No. (c) may bereproduced :

'At about 12 a.m. on 7-10-66 you in a drunken condition vociferously threatened that you would assault Mrs. Purnima Kundu wife of Satyacharan Kundu of Chashapera and abused her in filthy language. You behaved in this way on the occasionof trifling disputes.'

In view of our previous decisions and in particular our decision in Pushkar Mukherjee and Ors. v. State of West Bengal, decided on November 7, 1968, the petitioner is entitled to be released.

The petition is accordingly allowed and the detention orderis quashed.


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