Kolkata Court October 1953 Judgments

Dhanpatrai Periwal Vs. State of West Bengal and ors.

Court: Kolkata

Reported in: AIR1954Cal518,58CWN363

S.K. Das Gupta, J. 1. This is a Rule calling upon the State of West Bengal, Mr. S. N. Roy, Chief Secretary to the Government of West Bengal, Deputy Commissioner of the District of Darjeeling and the Superintendent of Jail, Darjeeling, to show cause why an order under Article 226 of the Constitution of India or under Section 491, Criminal P. C. should not be made and the person named Mahabir Prosad Periwal set at liberty.2. On 20-8-1953, the said Mahabir Prosad Periwal was arrested at Kalimpong and thereafter detained at Darjeeling Jail. The said arrest and detention were made under an order dated 19-8-53 passed by Mr. S. Dutt Majumdar, Deputy Commissioner, Darjeeling, purporting to act under Section 3(2), Preventive Detention Act, 1950, (Act 4 of 1950). On the date of the arrest, i.e. 20-8-1953, grounds for detention were served on the said Mahabir Prosad Periwal. The present petition on which the Rule has been issued has been made by one Dhanpatrai Periwal, a cousin of the said Mahabi...