GOPAL BAURI vs THE DISTRICT MAGISTRATE BURDWAN AND OTHERS

The Supreme Court held that the order of detention under Section 3(1) and 3(2) of the Maintenance of Internal Security Act, 1971 was invalid due to the failure to disclose the name of an associate from whom stolen articles were recovered. This omission denied the detenu an effective opportunity to represent against the order, as it influenced the subjective satisfaction of the District Magistrate. The Court emphasized that either the District Magistrate lacked knowledge of the associate's identity or chose not to disclose it, both leading to an invalid order.