The former relates to a theft of underground companyper cables and the latter to a theft of C.S.R. Conductors.
506 of 1974 Petition under Article 32 of the Constitution.
The District Magistrate, in the instant case, made the detention order on June 13, 1972 and on the 15th he reported the fact of making the order to the State Government.
I Section 3 2 companyfers power on District Magistrates, speciually empowered Additional District Magistrates and Commissioners of Pclice to pass orders of detention for reasons specified there in.
The particulars further mention that on February 24, 1972 the petitioner and two of his named associates were found in possession of 30 K. Gs of stolen C.S.R. Conductors.
The order cannot remain in force for more than 12 days or in the circumstances mentioned in the Proviso to section 3 3 , for more than 22 days unless in the meantime it has been approved by the State Government.
The particulars furnished to the petitioner refer to two incidents of theft dated January 31 and February 23, 1972.
Section 3 1 of the Act empowers the Central Government and the State Governments to pass orders of detention for the reasons therein mentioned.
Laws of preventive detention by which subjects are deprived of their personal liberty without the safeguards available in a judicial trial ought to be companystrued with the greatest strictness.
Writ Petition No.
ORIGINAL JURISDICTION.
The Judgment of the Court was delivered by CHANDRACHUD, J.The petitioner, Skq.
N. Mukherjee and Gobind Mukhoty A.C., for the Petitioner S. C. Chatterjee of Sukumar Basu Co., for the Respondent.
The order was passed on June 13, 1972 avowedly with a view to preventing the petitioner from acting in any manner prejudicial to the maintenance of supplies aid services essential to the companymunity.
Salim, challenges by ,his petition under Article 32 of the Constitution an order of detention passed by the District Magistrate, 24 Parganas, under the Maintenance of Internal Security Act, 1971.
If an order of detention is passed by any of these officers, he shall forthwith report the fact to the State Governmment to which be is subordinate together with the grounds on which the order has been made and such other particula rs as in his opinion have a bearing on the matter, and numbersuch order shall remain in force for more than twelve days after the making thereof unless in the meantime it has been approved by the State Government That is the clear mandate of section 3 3 .
If an order of detention is made by a District Magistrate or a specially empowered Additional District Magistrate or a Commissioner of Police, he is required by section 3 3 to report forthwith to the State Government about the making of the order.
