Sunil Kumar Das vs District Magistrate, Burdwan And Anr.

Rewritten Version Notice: This is a rewritten version of the original judgment.

Court: Supreme Court of India

Case Number: Not extracted

Decision Date: 11 September, 1963

Coram: P.B. Gajendragadkar, K. Subba Rao, K.N. Wanchoo, N. Rajagopala Ayyangar, J.R. Mudholkar

In this case the Supreme Court of India delivered its judgment on 11 September 1963 in the matter of Sunil Kumar Das versus District Magistrate, Burdwan and another. The judgment was authored by Justice P B Gajendragadkar, who sat with Justices K Subba Rao, K N Wanchoo, N Rajagopala Ayyangar and J R Mudholkar. The Court observed that, for the reasons it had already set out while disposing of petition No 145 of 1963, the present petition should likewise be granted. The petitioner, Sunil Kumar Das, as in the case of petitioner Rameshwar Shaw in petition No 145 of 1963, had been placed in custody on 4 November 1962 and remained detained continuously until 28 December 1962. During that period the order of detention issued by the District Magistrate of Burdwan on 29 November 1962 was lawfully served on the petitioner on 4 December 1962. It was common ground that the petitioner had been arrested in connection with Burdwan Police Station Case No 2 dated 3 November 1962 under section 379 of the Indian Penal Code by Sub‑Inspector Dinesh Chandra Samanta, and that he continued to be in custody on the date the detention order was served. Accordingly the Court directed that the detention order dated 29 November 1962, which had been served on 4 December 1962, be set aside. The Court further ordered that Sunil Kumar Das be released from custody immediately.