The grounds companymunicated to the petitioner are On 3 10 71 at about 02 00 hrs.,
He pointed out that there were in all 3 incidents of companyductor wine cutting and while the first 2 occurred in October, 71 the third occurred in November, 1971.
The order was passed in exercise of the powers companyferred by him by Sub section 1 read with Sub section 2 of Section 3 of the Maintenance of Internal Security Act, 1971 Act 26 of 1971 with a view to preventing the petitioner from acting in a manner prejudicial to the maintenance of supplies and services essential to the companymunity.
Thus you acted in a manner prejudicial to the maintenance of supplies and services essential to the companymunity.
The activities of the petitioner were extremely dangerous.
On 3 11 71 at about 03.35 hrs.,
of overhead aluminium companyductor wire from under the ground of the companyrtyard of your associate.
Mr. Mittal who appeared as amicus curiae for the petitioner, relied principally on the fact that there has been a delay of about 5 mouths before the order of detention was passed.
you along with your associates companymitted theft in respect of 3000 feet of overhead aluminium companyductor wire worth about Rs.
Keshiary, District Midnapore.
you along with your associates companymitted theft in respect of 1200 feet of overhead aluminium companyductor wire worth about Rs.
As soon as your associates touched the electric line, there has been one spark and your associates fell down from the post when the Police party who was in ambush patrol duty hastened to the place, arrested you and one of your associates with some instrument for cutting wire.
It is, therefore, companytended that this very delay in passing the order would show that the order was passed number because the District Magistrate was satisfied that the detention was necessary but because he felt that the petitioner deserved to be punished as the police had failed to prove the criminal cases against him.
Thus you acted in a manner prejudicial to the maintenance of supplies and services essential to the companymunity.
2500/ from Hizli Egra Power Supply line of the West Bengal State Electricity Board near Hategeria, P.S. Keshiary, District Midnapore.
Due to such act of yours, electric supply from Hizli Power Station to Egra remained suspended for 12 hours and chaos was created.
1, 200/ from Power Supply line of the West Bengal State Electricity Board near Hategeria village under Keshiary P.S., District Midnapore.
Due to such act of yours electric supply from Hizil Power Station to Egra remained suspended for 14 hours and a chaos was created.
The petitioner had made his representation to the Advisory Board but after the same was rejected the State Government, acting an the opinion of the Advisory Board, companyfirmed the detention order on 3 10 1072.
you along with your associates made an attempt to cut overhead aluminium companyductor wire from Hizli Belda Power Supply line of the West Bengal State Electricity Board at Dasasarisa, PS.
Subsequently, as per your statement police recovered 19 kgs.
On 11 10 71 at about 02.00 hrs.,
It must be numbered that though the detention order itself had been passed on 9 3 1972 the petitioner companyld number be apprehended and served with the detention order till 29 7 1972 on which day he was also served with the ground of detention.
Thus you acted in a manner prejudicial to the maintenance of supplies and set vices essential to the companymunity.
Palekar, J. In this petition for a writ of habeas companypus under Article 23 of the Constitution the petitioner is detained by the District Magistrate, Midnapere, by this order dated 29 3 1972.
Thereafter, it is pointed out, the detention order had been passed 5 months later.
