HANS MULLER OF NIIN?NL IIRG Vs. SUPERINTCNDENT PRESIDENCY JAIL CALCUTTA
LAWS(SC)-1955-2-8
SUPREME COURT OF INDIA (FROM: CALCUTTA)
Decided on February 23,1955

HANS MULLER OF NURENBURG Appellant
VERSUS
SUPERINTENDENT.PRESIDENCY JAIL,CALCUTTA Respondents

JUDGEMENT

Bose, J. - (1.) The petitioner, Hans Muller, who is not a citizen of India, and who is said to be a West German subject, was arrested by the Calcutta Police on18-9-1954 and was placed under preventive detention. The order was made by the West Bengal Government under S. 3(1), Preventive Detention Act of 1950 (Act 4 of 1950) on the ground that his detention was "with a view to making arrangements for his expulsion from India."
(2.) The grounds were served 22-9-1954. The second ground runs- "That you are a foreigner within the meaning of the Foreigners Act, 1946 (Act 31 of 1946) and that it has become necessary to make arrangements for your expulsion from India and for this purpose you are required to be detained under S. 3(l)(b), Preventive Detention Act, 1950 until the issue of an appropriate order of expulsion from the Central Government."
(3.) On the day after his arrest, namely on 19-9-1954 he wrote to the Consul-General of West Germany at Calcutta saying that he had been arrested and asking for an early interview. This was granted.;


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