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CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 468 of 1983.

Appeal by Special leave from the Judgment and Order dated the 2nd February, 1983 of the Gauhati High Court in Civil Rule (HC) No. 4/83.

M.M. Abdul Khader and S.K. Nandy for the Appellants. V.M. Tarkunde and Mrs. Manik Karanjawala with him for the Respondent.

The Judgment of the Court was delivered by RANGANATH MISRA, J. The detaining authority under section 3 (2) read with s. 3 (3) of the National Security Act, 1980 ('Act' for short) being the District Magistrate of Nowgong and the State of Assam assail the decision of the High Court at Gauhati quashing the order of detention.

On October 20, 1982, the District Magistrate made the following order:

"Whereas I am satisfied from the dossier submitted by Superintendent of Police, Nowgong that it is necessary to prevent Shri Sarat Mudoi s/o Shri Renu Mudoi, village Senchows, P.S. Nowgong from acting in any manner prejudicial to maintenance of public order and maintenance of supplies and services essential to the community, I. S. Kablian, I.A.S., District Magistrate, Nowgong, hereby in exercise of powers conferred under section 3 (2) read with section 3 (3) of National Security Act, 1980, direct that Shri Sarat Mudoi be detained with immediate effect until further orders".