1973 INSC 0281
                                                 Baidya Nath Mandi

                                                           Vs

                                         State of West Bengal and others

                                          Writ Petition No. 839 of 1973

                                        (H.R.Khanna, A.Alagiriswami JJ.)

                                                      07.09.1973

                                                     JUDGMENT

KHANNA, J. -

1. This is a petition for the issuance of a writ of habeas corpus by Baidya Nath Mandi, who has been
ordered to be detained under Section 3 of the Maintenance of Internal Security Act.

2. No return in opposition to the petition has been filed, but Mr. Chatterjee on behalf of the
respondents has at the hearing admitted the following facts. The original order for the detention of
the petitioner under Section 3 of the Maintenance of Internal Security Act was made by the District
Magistrate Burdwan on December 22, 1971. The petitioner was thereafter arrested and was kept in
detention. While the petitioner was in detention, this Court gave its judgment in the case of
Shambhu Nath Sarkar v. The State of West Bengal (1973 (1) SCC 0856: 1973 SCC (Cri) 0618).
After the aforesaid decision, the State of West Bengal directed that the petitioner be released. The
petitioner was, accordingly, released on April 25, 1973. The same day, according to Mr. Chatterjee,
a fresh order for the detention of the petitioner was made by the District Magistrate Burdwan under
Section 3 of the Maintenance of Internal Security Act. The grounds on which the fresh order of
detention was made on April 25, 1973 were the same upon the basis of which the earlier order for
the detention of the petitioner had been made on December 22, 1971.

3. We find that the facts of the present case have a close similarity to those of Chotka Hembram Vs.
State of West Bengal (1973 (2) SCC 0401: 1973 SCC (Cri) 0966) wherein upon similar facts
quashed the order for the detention of the detenu. Following the aforesaid decision, we quash the
order for the detention of the petitioner and direct that he be set at liberty.

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