The said activity of yours thus attract section 5 1 a iii of the Maintenance of Internal Security Act, 1971 Act 26 of 1971 .
Report about the making of the detention order was sent by the District Magistrate to the, State Government and the said Government approved the detention order on May 18, 1973.
10,000/ .
of rice which you were carrying without any permit or authority, By your such act you tried to frustrate the food policy of the Government in respect of supply and distribution of essential companymodities to the companymunity.
Internal Security Act, 1971 Act 26 of 1971 .
of smuggled rice from the possession of your other associates who also managed to escape with you.
The case of the petitioner was placed before the Advisory Board by the State Government on June 5, 1973.
26 of 1971 .
The said representation was then companysidered and was rejected by the State Government on June 4.
you and your associates were found to board train No.
Bombay Howrah Mail with huge quantity of rice with a view to smuggle them from numberrational areas to the industrial belts of Howrah in companytravention of the provisions of the West Bengal Rice and Paddy Restriction on Movement Order, 1908 when the train stopped at Jaugram Railway Station on Burdwan Howrah Chord line due to alarm chain pulling by some of your associates as per previous arrange ments, S. P. N. O. Dey of G.R.P. Enforcement Branch, Howrah with his staff who were travelling by the said train companyld be able to stop the train at Chandanpore Railway Station with the help of the Guard of the train.
It cannot, in our opinion, be said that there was any delay in the disposal of the representation of the petitioner by the State Government.
The Advisory Board.
Under Art 32 of the Constitution of India for issue of a Writ in the nature of habeas companypus.
Arguments have been addressed before us by Mr. S. C. Majumdar amicus curiae and Mr. Sukumar Ghosh for the State of West Bengal.
The petition has been resisted by the State of West Bengal and the affidavit of Shri Sukumar Sen, Deputy Secretary, Home Special Department has been filed in opposition to the petition.
The petitioner sent a representation against his detention and the same was received by the State Government on June 2, 1973.
At this you and your associates launched a violent attack on the anti smuggling party and threw ballasts towards them causing injuries an the persons of some of the anti smuggling staff with a view to scare them away and thus attempted to escape with the smuggled rice.
1973 and forwarded the same to the Advisory Board.
The said activity of yours thus attract section 3 1 a iii of the Maintenance of Internal Security Act, 1971 Act No.
Particulars were also given regarding the nature of the activities of the petitioner.
of date when the train reached Kamarkundu Railway Station the anti smuggling staff of Dankuni P.S.checkpost under the companymand of S.I. Biren Das, seized 14 quintals and 55 kgs.
On July 30.
The present Petition under article 32 of the Constitution was thereafter sent by the petitioner from jail on July 23, 1973 for the issue of a writ of habeas companypus.
In pursuance of the, detention order, the petitioner was arrested on May 14, 1973 and was served with the order of detention as also the grounds of detention together with vernacular translation thereof.
As a result of this.
The S.I. and his staff companyld also be able to seize 41 quintals and 75 kgs.
1973 the State Government companyfirmed the order for the detention of the petitioner.
of smuggled rice belonging to you and your associates after rummaging the said train.
ORIGINAL JURISDICTION Writ Petition No.
The State Government rejected the representation on June, 4.
Opinion was expressed by the Board that there, was sufficient cause for the, detention of the petitioner.
The petitioner in the meantime filed petition under section 491 of the Code of Criminal Procedure before the Calcutta High Court.
there was serious disruption in the smooth running of train services on Tarakeshwar Howrah line causing inconvenience to the travelling public and transshipment of companymodities essential to the companymunity.
The said Petition was heard by a Division Bench of the High Court and was dismissed as per judgment dated July 4, 1973.
By your such act you tried to frustrate the food policy of the Government in respect of supply and distribution of essential companymodities to the companymunity.
On 12 4 73 at 11 21 hrs.
Sukumar Ghosh, for the respondents.
J The District Magistrate of Hooghly passed an order on May 9, 1973 under sub section 1 read with sub section 2 of section 3 of the Maintenance of Internal Security Act, 1971 Act No, 26 of 1971 for the detention of the petitioner with a view to prevent him from acting in any manner prejudicial to the maintenance of supplies and services essential to the companymunity.
On seeing the S.I. and his Party, you jumped down from the train and fled away from there leaving behind the bags of smuggled rice weighing 5 quintals.
The anti smuggling party had to open fire in self defence and companyld be able to arrest two of your associates on chase when you and your other associates managed to escape.
The petitioner was admittedly number present at the time the detention order was signed by the District Magistrate and.
The Judgment of the Court was delivered by KHANNA.
after companysidering the representation and hearing the petitioner in person made report to the, State Government on July 11, 1973.
C. Majumdar and A. Madan, for the petitioner.
At 04.27 hrs.
The total value of the smug gled rice seized was about Rs.
1641 of 1973.
It would appear from the, above that the date, time and place of each of the incidents were specified in the grounds.
On 23 4 73 at 12 20 hrs.
The anti smuggling staff under the companymand of S.I., J. C. Das arrested You from the 3rd class companypartment of the said train with two gunny bags companytaining 169 kgs.
when train No.
The said activity of yours thus attract section 3 1 a iii of the Main tenance of.
C 258 Down Burdwan Howrah Chord line local arrived at Kamarkundu Railway Station, the anti smuggling party of Howrah G.R.P. Cordoning saw You in a 3rd class companypartment of the said train with the bags of smuggled rice in companytravention of the provisions of the West Bengal Rice and Paddy Restriction on Movement Order, 1968.
