petition under article 32 of the companystitution of india k. sinha and k. r. nambiar for the petitioner k. chakravarty and g. s. chatterjee for the respondent.
it appears from the companynter affidavit that a petition filed by the petitioner in the calcutta high companyrt to challenge the very order of detention was dismissed on december 21 1973.
the petitioner has produced stamped receipts alleged to have been issued by the sellers.
the price of the scrap material is stated in the receipt to be rs.
the second receipt dated june 28 1973 also purports to have been issued by the sellers r. chaudhary company in favour of the petitioner.
adding the sales tax and the surcharge the amount of the bill is made out in the receipt at rs.
the receipt is apparently issued in the name of the petitioner and relates to scrap companysisting of companyplings dog pins clips pull rod keys socket fish plates etc.
1180.50 was found.
the judgment of the companyrt was delivered by chandrachud j. this is a habeas companypus petition challenging the validity of an order of detention passed by the district magistrate 24 parganas west bengal on august 28 1973.
a criminal case was filed against the petitioner under section 3 a of the railway property unlawful possession act 1966 but that case companyld number be proceeded with as according to the district magistrate the witnesses did number dare to depose in open companyrt against the detenu for fear of their lives.
5000.00.
510.00 on which sales tax at 3 and surcharge on the sales tax at 2 is charged.
the property is stated to companysist of 10 pieces of tic bars 10 pieces of rly.
the receipt dated april 12 1973 is in the sum of rs.
original jurisdiction writ petition number 453 of 1974.
the case of the petitioner as disclosed in his petition is that the articles recovered from his godown are scrap metal and that such articles are available in the open market.
525 60.
the petitioner claims to have purchased several such articles of scrap metal on april 12 and june 28 1973 from a firm called r. choudhary company doing business at 121/4a manikotla main road calcutta.
the receipt evidences the safe of similar scrap articles of the value of rs.
that order was passed under the maintenance of internal security act 1971 on the ground that the petitioner was acting in a manner prejudicial to the maintenance of supplies and services essential to the companymunity.
fish plates 7 pieces of companyplings 20 pieces of two way keys and 11 pieces of cut pieces of rails.
