But it was raised by the petitioner in the written arguments submitted by him subsequently from the jail.
Those were, 1 that on October 17, 1970, he and some others companymitted theft of overhead traction wire between Jania Road and Begampore Railway Stations, that when pursued by the Railway personnel on duty, he and those with him threw bombs at them with a view to scare them away, that the aforesaid action on the part of the petitioner and his associates caused serious dislocation of train services which in its turn led to violent demonstrations by the travelling public 2 that on October 19, 1970, the petitioner and his associates again companymitted theft of overhead traction wire in between Gobra and Janai Road Railway Stations, that when chased by the local residents, the petitioner and his said associates threw bombs at them, that that resulted in dislocation of train services which ended in violent disturbances by the train going members of the public 3 that on October 29, 1970 the petitioner and his associates again stole overhead traction wire between the same railway stations, threw bombs and ballast at the railway staff when they tried to chase them away, that that once again resulted in dislocation of train services and violent demonstrations by the travelling public who resented such dislocation and 4 that on November 3, 1970 at 23.30 hours, the petitioner and his said associates companymitted theft of overhead traction wire in between Begampore and Haruipara railway stations, that they were chased by the railway staff on duty, that thereupon the petitioner and his said associates threw bombs and ballast at them, that the incident caused dislocation of train services and violent demonstrations by the travelling public who resented such dislocation of services terminating in public disorder.
Tiljala I G.P.R. No.
117/70 on November 9, 1970 and was released on bail from the jail on December 15, 1970.
The affidavit and the said entries show that the petitioner was admitted in the jail as an undertrial prisoner in companynection with a criminal case No.
This companytention was number specifically raised in the petition.
Pursuant to the said direction the State Government filed an affidavit of the Superintendent of the said jail together with the relevant entries from the jail register for undertrial prisoners for the year 1970.
Thus, the petitioner was number in jail on November 3, 1970 as alleged by him and was, therefore, in a position to participate in the incident alleged by the detaining authority.
He was also number in jail on May 21, 1971 when the detention order was served on him and was arrested and detained.The grounds of detention served upon the petitioner at the time of his arrest disclosed four incidents in which he was alleged to have participated with certain other persons.
M. Shelat, J. The petitioner herein was arrested and detained in jail on May 21, 1971 pursuant to an order passed by the District Magistrate, Howrah, dated May 3, 1971, under Section 3 1 and 3 of the West Bengal Prevention of Violent Acitivities Act, Presidents Act 19 of 1970.
