LexRAM KRISHNA PAUL versus TIIE GOVT. OF WEST BENGAL & ORS.
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B 401 RAM KRISHNA PAUL v. TIIE GOVT. 011 WEST BENGAL & ORS. February 3, 1972 [J. M. SHELAT, H. R. KHANNA AND K. K. MATHEW, JJ.] West Bengal (Prevention of Violent Activities) A.ct, 1970, s. 3- Grounds of detention--One of the grounds extraneous in character. Order of detention would be vitiated. The petitioner was deiained under section 6 of the West Bengal Pre- e vention of Violent Activitiea Act, 1970. One of the grounds of detention which was supplied to the petitioner umler sul>-section ( 1) of section 8 was. that .he alongwith his associates werit to a pharmacy po&ng himself as a purchaser of medicine '311d demanded money from the oWDllt" of the pharmacy in the name of collection. towards party fund and out of fear the owner delivered Rs. 10/· to him. Quashing the order ot detention, D HELD : (i) The around doe& not fall under any ot the c:lausea of 1. 3 setting out the cireum1tance1 under which a pehon can be ordered to be detoined and is therefore extraneous in character. (ii) There is no allegation in. the ground that the.petitioner had put any person in fear of any injury to that person ot to anyi other. Ai· such it cannot be said that the petitioner was guilty Of extortion. Intentionally putting " person in fear of injury to himlelf or any other is a -•ry E ingredient of the offence of extortion. [403 BJ (iii) There is nothing to show that the· District Magistrate wouid lia~ passed the order of detention of the petitionel" in case he was not indllt!nced by the facts mentioned in the ground. Therefore, the extraneous nature of even one of the grounds of detention would vitiate the order of deten· tion. [403 DJ F OR1GINAL JUltISDICTION : Writ Petition No. 307 or 1971. G Under articlo 32 of tho Constitution of India for 'II writ in the nature of habtas corpus. R. K. lain, for the pe.titioaer G. L. Mukhoty and G. S. Chatter/11, lot th~ re1pondent. The Judgment of the Court was delivered by Khanna, l. This is a petition through jail under article '.• 2 of the Constitution of India for the issuance of a writ of habtas cor· H pus by Ram Krishna Paul who has been ordered to be detained under section 3 of the West Bengal (Prevention of Violent Activi- ties) Act, 1970 (President's.Act No. 19 of 1970), hereinafter referred to as the Act. SUPREME COURT REPORTS ( 1972] 3 S.C.R. The order of detention was made against the petitioner under A 111b-section ( 1 ) read with sub-section ( 3) of section 3 of the Aot by the District Magistrate, Murshidabad on ·January 27, 1971. According to the order of detention, the District Magistrate was satisfied with respect to the petitioner that with a view to prevent- ing him from acting in any manner prejudicial to the maintenance of public order, it was necessary to make an order directing his JI. detention. The petitioner in pursuance of the detention order was arrested on January 28, 1971 ·and was served with the same day with the ground of detention together with vernacular translation thereof. Report about the making of the detention order was sent ' by the District Magistrate to the ~late Government along with the ~ounds of detention and other particulars on January 27, 1971. The report and the particulars were considered by the State Gov- C ernment and the or~r of detention was approved by the said Gov- ernment on February 5, 1971. The same day the State Govern- ment submitted a report to the Central Government together with the grounds of detention and other particulars. On February 18, 1971 the State Government in its Home Department received re- presentation dated February 15, 1971 sent by the petitioner. The D said representation after consideration was rejected by the State Government on March 23, 1971. In the ·meanwhile, on February 25, 1971 the State Government placed the case relating to the petitioner befpre the Advisory Board. The representation made by the. petitioner was sent by the State Government to the Board on March 23, 1971- The Advisory Board after hearing the peti- tioner, sen(its report to the State GGvernment on April 5, 1971. E Opinion was expressed in i!s report by the Advisory Board that there was sufficient cause for the detention of the petitioner. The State Gover:mnent confirmed the order of detention of1he peti- tioner on May 31, 1971. The confirmation order was. communi- cated to the petitioner as per memorandum dated June. 10, 1971. The petition was resisted by the responden
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