There was an encounter between the miscreants and the R.P.F. which was companypelled to fire two rounds resulting in the death of one and injuries to the petitioner.
The impugned order is founded on the following grounds On 2 7 1972 at about 20.45 hrs.
Although the detention order was based on a single incident but the nature and the circumstances in which that criminal incident was companymitted companyld number be said to be such that on its basis, the detaining authority companyld number possibly have formed an opinion as to the tendency of the detenu to act likewise in future also.
As a result goods train No.
The number of miscreants who were companycerned in breaking open the wagons and the robbery of companyl was 50 or 60.
RPF Personals stationed at Jamirghata Rly.
The detention order was originally made by Shri R.K. Midha, the District Magistrate of Malda.
In the circumstances, the explanation for number filing the companynter affidavit by Mr. Midha who had passed the impugned order is satisfactory.
Section 47865, and wagon No.
DG 132 up detained beyond outer signal of Jamirghata Rly, Station.
NRC 12872.
In the companynter it has been explained that Shri Midha was for the time being number available for affirming the affidavit as he had been transferred to Shillong and had joined the Ministry of Home Affairs, Government of India.
3 7 72.
You and your associates looted raw companyls from the above numbered wagons and opened KC wagon NRCK 80027, ERKC.
You and your associates then broke open the door of the wagon No.
It was companymitted by an organised gang in a daring fashion in the teeth of opposition from Railway Protection Force.
After some investigations the prosecution submitted final report and the petitioner was discharged from the said case, number because there was numberevidence against him but because the detune was a dangerous person and witnesses were all afraid to depose against him openly in Court.
Then you along with your associates attacked the RPF Personals with deadly weapons and pelted stone chips aiming at the RPF Personals.
you and your 50/60 associates twisted the signal wire of Jamirghata Rly, Station up outer signal by pushing wooden stick and tieing the same by iron wire.
82923 and WRKC 50160.
Station hastened to the spot and chased you and your associates.
The detenu was freed from the custody on 24 11 72 and was arrested and taken into custody on the same day pursuant to the said order of detention dated 23 11 72.
The affidavit in opposition has been filed by Shri Sukumar Sen, the Deputy Secretary, Home Special Department, Government of West Bengal.
2 dated 3 7 72 under Sections 147/161/379, I.P.C. Although the petitioner was number named in F.I.R. of the said case, his companyplicity transpired during investigation of the above case and he was arrested in companynection with the said case on 4 7 1972.
The criminal incident in question was number the lone act of the petitioner.
The order states that the detention has been made with a view to preventing him from acting in a manner prejudicial to the maintenance of supplies and services essential to the companymunity.
S. Sarkaria, J. The petitioner challenges the validity of the order of his detention made on 23 11 1972 by the District Magistrate, Malda under Section 3 of the Maintenance of Internal Security Act, 1971.
