KUSO SAH Vs. STATE OF BIHAR
LAWS(SC)-1973-11-7
SUPREME COURT OF INDIA
Decided on November 08,1973

KUSO SAH Appellant
VERSUS
STATE OF BIHAR Respondents

JUDGEMENT

Chandrachud, J. - (1.) By this petition for the writ of habeas corpus, the petitioner challenges an order of detention dated April 2, 1973 passed by the District Magistrate, Monghyr with a view to preventing the petitioner from "acting in any manner prejudicial to the maintenance of public order and the maintenance of supplies and services essential to the community"
(2.) The grounds of detention served on the petitioner on April 6, 1973 are divided into two parts, the first part referring to acts prejudicial to the maintenance of public order and the second to those prejudicial to the maintenance of supplies and services essential to the community.
(3.) Two out of the three grounds mentioned in the first part read thus: "(b) On 20-1-71 at about 2 A.M. he and his brother, Garib Sao were leading two trucks with stolen Railway property in a car bearing No. WBJ 6949. On the railway crossing near Jammu Rly. Station other standing trucks on the road caused a bottleneck in his hurried journey. This led to a clash and his men assaulted the truck drivers and threatened them with fire arms. Some 15 of his men were arrested then and there by the Police with the help of the public while he managed to escape along with his brother in the car bearing No. WBJ 6948. This car is registered in the name of his brother Reabig Sao. A case was registered in this connection vide Lakshmipur P. S. Case No. 9 (1) 71 dated 20-1-71. (c) He assaulted Shri Ram Singhasan Rai, Asstt. Suptd. Commercial Taxes; Intelligence Branch Bhagalpur who had gone to his factory in course of his duties and discharge of his legal obligations as Asst. Supdt. Commercial Taxes Intelligence Branch and in connection therewith he has been arrested in Jamalpur P. S. case No. 21 dated 29-8-72 u/s 148, 333, 307, 325 etc. I.P.C.";


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