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of <h1>Supreme Court validates detention order based on sword assault and bomb attacks under Prevention of Violent Activities Act.</h1> <h3>Neel & Nirenjan Majumdar Versus State of West Bengal</h3> Neel & Nirenjan Majumdar Versus State of West Bengal - 1972 AIR 2066, 1973 (1) SCR 675, 1972 (2) SCC 668 Issues:Validity of detention order under the West Bengal (Prevention of Violent Activities) Act, 1970 based on grounds of detention including bomb attacks and sword assault.Analysis:The Supreme Court considered a case where a detention order was passed under the West Bengal (Prevention of Violent Activities) Act, 1970. The petitioner was detained based on grounds including bomb attacks and sword assault, which were deemed prejudicial to public order. The key contention was whether the sword assault constituted an offense under the Arms Act, 1959, as required by the Act for detention. The Court found that possession and carrying of a sword without a license would be an offense under the Arms Act, 1959, punishable with imprisonment. Despite the repeal of the earlier Arms Act, a notification issued under it was deemed to be in force under the new Act by the General Clauses Act. This interpretation was supported by a previous case where regulations under a repealed Act were deemed to continue under the re-enacted provisions. Therefore, the Court held that the sword assault fell under the Arms Act, 1959, and was covered by the Act's provisions, making the detention order valid.In conclusion, the Court dismissed the petition after finding that the detention order was valid as the activities mentioned in the grounds of detention, including the sword assault, were considered offenses under the Arms Act, 1959. The Court's interpretation of the General Clauses Act ensured the continuity of the notification issued under the repealed Arms Act, making it applicable to the new Act. As a result, the detention order was upheld as lawful under the relevant provisions of the West Bengal (Prevention of Violent Activities) Act, 1970.
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