Supreme Court · 1975 INSC 31 · Decided 12 February 1975
Madan Gope v. The State of West Bengal
- Court
- Supreme Court of India
- Citation
- 1975 INSC 31 · [1975] 3 S.C.R. 531
- Case number
- WRIT PETITION (CRIMINAL) No. 559/1974
- Decided
- 12 February 1975
- Bench
- V.R. KRISHNA IYER, R.S. SARKARIA (2-judge bench)
- Outcome
- Case Allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 143, 185, 332, 506, 148, 149, 307, 186; Constitution Article 32
Headnote
531' Maintenance of lntemal Sec1.l"it)' Act, 1971, s. 3 (1 )-Order of detention for malntrnw;cr of public order-If can be justified as for maintenance of essential supplics-'S11111ggling' if can prejudice publ'c order-'Public Order', Sf:Ope of. The petitioner was detained by an order made in any manner preiudicial to the maintenance of public order, on two grounds. The activity which consti­ C tu!ed the s-ubstratum of the first ground of detention was a case of inter-state smug- . gling of essential commodities. The oth~r facts mentioned, in addition to smug­ gling in the
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