MAGAN GOPE Vs. STATE OF WEST BENGAL
LAWS(SC)-1975-2-16
SUPREME COURT OF INDIA (FROM: CALCUTTA)
Decided on February 12,1975

MAGAN GOPE Appellant
VERSUS
STATE OF WEST BENGAL Respondents


Referred Judgements :-

SHYAMLAL CHAKRAVARTY V. COMMR. OF POLICE [REFERRED TO]
RAM MANOHAR LOHIA VS. STATE OF BIHAR [FOLLOWED]
ARUN GHOSH VS. STATE OF WEST BENGAL [REFERRED TO]
KANU BISWAS VS. STATE OF WEST BENGAL [DISTINGUISHED]
KISHORI MOHAN BERA VS. STATE OF WEST BENGAL [REFERRED TO]
BABUL MITRA ALIAS ANIL MITRA VS. STATE OF WEST BENGAL [DISTINGUISHED]
INURADEO MAHATO VS. STATE OF WEST BENGAL [DISTINGUISHED]



Cited Judgements :-

MUNNA ALIAS SHAHANWAZ VS. STATE OF U.P. [LAWS(ALL)-2023-9-49] [REFERRED TO]
GURJEET KAUR AND SURJEET KAUR VS. STATE OF DELHI [LAWS(DLH)-1985-11-37] [REFERRED TO]
KESHAB SARKAR VS. STATE OF TRIPURA [LAWS(TRIP)-2019-2-55] [REFERRED TO]
NUZHAT PERWEEN VS. STATE OF U.P. [LAWS(ALL)-2020-9-9] [REFERRED TO]
ANAKALA MADDILETI VS. GOVT A P HOME DEPARTMENT HYDERABAD [LAWS(APH)-1999-8-72] [REFERRED TO]
NATHALAL GOVINDJI JHAGADA VS. STATE OF GUJARAT [LAWS(GJH)-1980-9-17] [REFERRED]
PURUSOTTAM KHANDAL VS. DIST MAGISTRATE AND COLLECTOR CUTTACK [LAWS(ORI)-1984-9-12] [REFERRED TO]
AWADH KUMAR SHUKLA VS. SUPERINTENDENT OF CENTRAL JAIL [LAWS(ALL)-1982-11-12] [REFERRED TO 6.]
DEVENDRA PRATAP YADAV VS. STATE OF U.P. [LAWS(ALL)-2024-1-42] [REFERRED TO]
THANGAVADIVEL VS. GOVERNMENT OF TAMIL NADU [LAWS(MAD)-1992-1-75] [REFERRED TO]
N AJIMEER KHAN VS. DISTRICT COLLECTOR AND DISTRICT MAGISTRATE RAMANATHAPURAM [LAWS(MAD)-1993-9-12] [REFERRED TO]


JUDGEMENT

Sarkaria, J. - (1.)Magan Gope, petitioner challenges the validity of the order of his detention made by the District Magistrate, Purulia under Section 3 of the Maintenance of Internal Security Act, 1971. The order states that the detention has been made to prevent him from acting in any manner prejudicial to the maintenance of public order.
(2.)The impugned order is founded on two grounds which run as under:
"1. On 1-11-73 at about 09-00 hrs, you along with your associates attacked Home Guard No. 900 Aswini Mohanti and 3 others of Layadi Home Guard Camp who were on cordoning patrol near Kashipur village, P. S. Joypur close to Bihar border when they arrested you with rice, Dalda, Kerosene Oil, wheat, which were being carried by you and threatened them with death and snatched away the seized commodities from their custody.

In consequence of your said activity which comes within the purview of sections 143/186/332/506, I.P.C. and 7 (i) (a) (ii) of Act X of 1955, the maintenance of Public Order was disturbed.

The said activity thus attract sub-clause (ii) of Clause (a) of subsection (1) of Section 3 of the Maintenance of Internal Security Act, 1971 (Act 26 of 1971).

2. On 6-11-73 at about 19.00 hours, you along with your associates attacked the investigating Police Officer and his Police Party with deadly weapons and attempted to resist your arrest while they went to Sidhi village under Joypur P. S., District Purulia to investigate a case. You and one of your associates were arrested with deadly weapons.

These violent and dangerous activities on your part created terror and panic amongst the local people who were over-awed and thus you have disturbed Public Order.

In consequence of your said activity which comes within the purview of Sections 148/149, 307/506/186 I.P.C. the maintenance of public order was disturbed.

The said activities thus attract Sub-Clause (ii) of Clause (a) of Sub-section (1) of Section 3 of the Maintenance of Internal Security Act, 1971 (Act 26 of 1971)."

(3.)The return has been filed by the District Magistrate who had passed the impugned order in which it is averred:
"I say that I made the detention order after being satisfied from the materials on records in support of the grounds of detention in question that with a view to preventing the said detenu from acting in any manner prejudicial to the maintenance of Public Order, it was necessary to detain him...... I further say that the grounds furnished to the said detenu are the grounds on which I based my satisfaction for making the order of detention taking those grounds separately and collectively..."



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