Mohan Punamia and ors. Vs. State of Rajasthan and ors.

Mohan Punamia and ors. vs State of Rajasthan and ors.

Disposition Petition dismissed Court Rajasthan Decided Apr 09, 1966

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Citation: sooperkanoon.com/751159
Court: Rajasthan High Court
Judge: C.B. Bhargava and; P.N. Shinghal, JJ.
Decided On: Apr 09, 1966
Case Number: Criminal Misc. (Habeas Corpus) Petn. Nos. 198, 202, 204, 246, 251 and 289 of 1966
Subject: Criminal
Disposition: Petition dismissed

Case Summary

AI-generated summary - not the official court judgment text.

Key legal issue: Criminal
Outcome / disposition: Petition dismissed
Acts & sections: Defence of India Rules, 1962 - Rule 30(1)

Parties & Advocates

Appellant / Petitioner

Mohan Punamia and ors.

Advocate M. Mridul, Adv.

Respondent

State of Rajasthan and ors.

Advocate M.M. Vyas, Govt. Adv. and; A.R. Mehta, Deputy Govt. Adv.

Legal References

Acts: Defence of India Rules, 1962 - Rule 30(1)
Reported In: AIR1967Raj86; 1967CriLJ590

Excerpt

- order whereas (1) sbri mohan poonamia s/o anopchand oswal, r/o sadri distt. pali. (2) shri ramsingh s/o shri hazari singb r/o pali distt. pali, (3) shri pritam singh s/o shri kala singh bhatti r/o karanpur distt ganganagar. (4) shri anokhasingh s/o shri nandsingh r/o 9-ll-distt. ganganagar was ordered to he detained under clause (b) of sub-rule (i) of rule 30 of the defence of india rules, 1962 vide order dated (1) 29-12-64. (2) 9-11-64. (3) 18-1-65. (4) 29 12-64 of the district magistrate. jaipur. (2) pali (3) ganganagar (4) ganganagar confirmed by govt. order of even number dated (1) 6-2-05. (2) 22-1-65. (3) 6-2-65 (4) 7-12-65. and whereas it has come to notice that the last detention continuation order of even number dated 14-13-65 (2) 14-13 65 (3)14-12-65 (4) 2-11-65 is indicated to have a technical flaw on the ground that the fact of the extention order having been issued as a result of the consideration of the recommendation of the reviewing authority has not been mentioned in spite of the fact that the detention continuation order was actually issued as a result of the recommendation of the reviewing authority. now, therefore, in exercise of the powers conferred by clause (b) of sub-rule (1) of rule 30 of the said rules, the government of rajasthan are hereby pleased to cancel the said order of detention due to the technical defect brought to notice and direct that the said shri mohan poonamia (2) ramsingh. (3) pritamsingh (4) anokhasingh be released forthwithby order of the governor,sd/- h.s. rawatdy. secretary to government. annexure b. government of rajasthan(home 'a' department)(1). f.7/1 (5) home (a gr.i)/65 dated jaipur 21-3-66 (2) f.7/1(16) home (a-gr. i)/65 dated jaipur 21-3-66 (3). f.7/1 (26) home (a-gr. i)/65 dated jaipur. 21-366 (4). f.7/1 (36) home (a-gr i)/64 dated jaipur 30-3-66

Full Judgment

ORDER

Whereas (1) Sbri Mohan Poonamia s/o Anopchand Oswal, R/o Sadri Distt. Pali. (2) Shri Ramsingh s/o Shri Hazari Singb R/o Pali Distt. Pali, (3) Shri Pritam Singh s/o Shri Kala Singh Bhatti R/o Karanpur Distt Ganganagar. (4) Shri Anokhasingh s/o Shri Nandsingh R/o 9-LL-Distt. Ganganagar was ordered to he detained under Clause (b) of Sub-rule (i) of Rule 30 of the Defence of India Rules, 1962 vide order dated (1) 29-12-64. (2) 9-11-64. (3) 18-1-65. (4) 29 12-64 of the District Magistrate. Jaipur. (2) Pali (3) Ganganagar (4) Ganganagar confirmed by Govt. order of even number dated (1) 6-2-05. (2) 22-1-65. (3) 6-2-65 (4) 7-12-65.

And whereas it has come to notice that the last detention continuation order of even number dated 14-13-65 (2) 14-13 65 (3)14-12-65 (4) 2-11-65 is indicated to have a technical flaw on the ground that the fact of the extention order having been issued as a result of the consideration of the recommendation of the Reviewing Authority has not been mentioned in spite of the fact that the detention continuation order was actually issued as a result of the recommendation of the Reviewing Authority.

Now, therefore, in exercise of the powers conferred by Clause (b) of sub-rule (1) of Rule 30 of the said Rules, the Government of Rajasthan are hereby pleased to cancel the said order of detention due to the technical defect brought to notice and direct that the said Shri Mohan Poonamia (2) Ramsingh. (3) Pritamsingh (4) Anokhasingh be released forthwith

By order of the Governor,

Sd/- H.S. Rawat

Dy. Secretary to Government.

Annexure B.

Government of Rajasthan

(Home 'A' Department)

(1). F.7/1 (5) Home (A Gr.I)/65 Dated Jaipur 21-3-66

(2) F.7/1(16) Home (A-Gr. I)/65 Dated Jaipur 21-3-66

(3). F.7/1 (26) Home (A-Gr. I)/65 Dated Jaipur. 21-366

(4). F.7/1 (36) Home (A-Gr I)/64 Dated Jaipur 30-3-66

Same Parties Mohan Punamia and ors. vs State of Rajasthan and ors. Same Subject Criminal Same Judge C.B. Bhargava and; P.N. Shinghal, JJ. Acts & Sections Defence of India Rules, 1962 - Rule 30(1)

Criminal