1972 (8) TMI 136

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.... and as prescribed by the Act. No dispute has been raised by the petitioner in respect of any one of them. 2. The grounds of detention furnished to the petitioner at the time of his arrest stated as follows : (1) On the night of 30-7-71 at about 20.00 hours you along with your associates entered into the toddi shop of Gopinath Bohara s/o Late Ram Bohara at Ganapore P.S. Ranaghat District Nadia and stabbed Shri Gopinath Bohara with daggers causing severe bleeding injuries on his person. You also terrorised the local people by exploding bombs. Subsequently, the said Gopinath Bohara succumbed to his injuries at Saktinagar Hospital. Such action created terror and panic in the minds of the local peace-loving people and caused disruption to the....

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....e arguments of both the counsel, we are of the view that neither of the two contentions can be sustained. 5. It is well-settled that the mere fact that the police at first has arrested the petitioner and initiated steps to prosecute him under the CrPC and had even lodged at first information report would be no bar against the District Magistrate issuing an order under a preventive detention statute if at the time of passing such an order he is satisfied that it was necessary to do so on grounds permissible to him under the Act. Where, however, the concerned person is actually in jail custody at the time when an order of detention is passed against him and is not likely to be released for a fair length of time, it would be possible to conte....