The said order recites that it was necessary to detain the petitioner with a view to prevent him from acting in a manner prejudicial to the maintenance of public order.
In the meantime, in pursuance of the said order the petitioner was arrested on July 2, 1972 and was served at the time of his arrest with the ground of detention.
The said ground stated that, in the early hours of June 1, 1971 at about 1.30 A.M. while companymitting theft of rice from Wagons, No.
It was also number as if the petitioner alone threw a bomb.
The ground expressly stated that both the petitioner and his associates hurled bombs at the police party.
SE 38751 at Bongaon Railway State on Yard, the petitioner and his associates, when challenged by the members of the R.P.F. then on duty, hurled bombs at them with a view to take their lives and that as a result of the said act SR 3179 Humungshu Bhushan Sharma of the R.P.F. party sustained burn injury on his person.
The Government rejected the representation on July 30, 1971.
Thereafter the Government submitted to the Advisory Board the case of the petitioner together with all the relevant papers companynected with it including the said representation.
By its report dated August 21, 1971 the Advisory Board expressed its opinion that there was sufficient cause justifying the issuance of the said order of detention.
The decision relied on by Mr. Dutta in Ram Krishna Paul v. West Bengal given on different facts altogether and cannot give any assistance to the petitioner.The ground further stated that by the said act the petitioner and his associates created panic in the station area and in the adjoining locality and also thereby created disturbance of public order.
On July 1, 1971, the District Magistrate, as required by the Act, reported about his having passed the said order to the State Government and that Government approved the said order of detention on July 9, 1971.
Such acts were bound to create panic in the station area amongst the people residing in or frequenting that area, and must have also caused disturbance of public order.
On July 9, 1971, the Government received the representation made by the petitioner against the said order of detention.
Shelat, J. The petitioner by this Writ Petition challenges the validity of the order of preventive detention, dated June 29, 1971 passed by the District Magistrate, 24 Parganas under Sub section 1 read with Sub section 3 of Section 3 of the West Bengal Prevention of Violent Activities Act, being President Act XIX of 1970.
