9911796707
TMI Blog1974 (2) TMI 80X X X X Extracts X X X X X X X X Extracts X X X X ..... acting in any manner prejudicial to the maintenance of supplies and services essential to the community. The petitioner in pursuance of the detention order was taken into custedy on February 11, 1972. Report about the passing of the detention order was sent by the District Magistrate to the State Government and the said Government approved the detention order on February 18, 1972. On March 8, 1972 the State Government placed the case of the petitioner before the Advisory Board, The State Government received a representation from the petitioner against his detention on March 16, 1972. The said representation after being considered was rejected by the Government on March 23, 1972. The representation was thereafter forwarded to the Advisory Bo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... idavit. Such an affidavit, according to the learned Counsel, was essential for sustaining the validity of the detention order. We find ourselves unable to accede to this contention. Although normally the affidavit of the person actually making the detention order should be filed in a petition for a writ of habeas corpus, the absence of such an affidavit would not necessarily be fatal for the case of the respondents. It would indeed depend upon the nature of allegations made by the detenu in the petition for determining whether the absence of affidavit of the person making the detention order introduces a fatal infirmity. In case an allegation is made that the officer making the detention order was actuated by some personal bias against the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... har, (2) Fogla alias Nandalal Bhuiya son of Shri Mongroo Bauiya, both of Chapkahat, P S Kulti, Dist, Burdwan committed theft in respect of overhead electric copper wire (about 700 feet in length) from six poles in between quarter Nos. 139 to 144 in New Colony, Sitarampur Railway Colony, P.S. Kulti, Dist Burdwan When challenged by the local people you were recognised by them. As a result of this theft, electric supply in the area was totally disrupted causing immense inconvenience to the people of the locality (2) That on 7-1-72 at about 04.00 hrs you along with your associates including (1) Fogla alias Nandalal Bhuiya, son of Shri Mongroo Bhuiya, (2) Dugal Bouri alias Korban, son of late Abdul Latif, both of Chatpkehat, P S Kulti, Dist. Bur ..... X X X X Extracts X X X X X X X X Extracts X X X X
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