on refusal of the shopkeeper shri narayan chandra garai you and your associates furiously attacked him the shopkeeper with daggers threatening him others present with instant death if they protested.
you along with your associates armed with daggers and bombs surprisedly attacked one siddique sk.
the detenu was named in i.r.
your activity jeopardised the numbermal life and free movement of the local people injuring public interest.
of veti p. s. santuri district purulia for extorting money from him siddique sk for your personal expenses putting him under threat of immediate death.
you and your associates act of preparing bombs presumably for criminal operations as given out by you and your associates and the explosion taking place in a thickly populated area created panic amongst the local people on further threatened the local people with dire consequences even upto causing death if they informed police of your above said activity.
it has been specifically stated with regard to each of these incidents that the prosecution for those crimes against the petitioner companyld number succeed because for fear of their lives witnesses were number prepared to give evidence against the petitioner in companyrt.
on 28.6.73 at about 08.00 hrs.
the petitioner was ultimately discharged from the cases on the prayer of the police from the said first case on 4.4.74 case number because there was no evidence against him but because this detenu being a dangerous person witnesses were afraid to depose against him in open companyrt.
of the case that one criminal case and two g.d.
being infuriated you with your associates mur derously attacked them hurling recklessly dangerous bombs at these villagers who got panicky and fled away to save their lives.
this act of you and your associates endangered public safety and tranquility and were prejudicial to the maintenance of public order.
12.73 when he was in jail custody.
ground number 1 relates to santuri p.s.
i say that the detentu was number illegally detained as alleged all s tatements contrary to what has been stated herein before are denied.
case number 3 dated 5.6.73 under section 6 3 of the indian explosive act and ground number 2 relates to san turi p.s.g.d.
original jurisdiction writ petition number 476 of 1974.
the order states that with a view to preventing him from acting s 423sc/75 in any manner prejudicial to the maintenance of public order it is necessary so to do.
and other present cried out for help when villagers rushed in.
in response to the rule nisi the officer who had passed the impugned order has inter alia averred with reference to the incidents mentioned in the grounds of detention i have been informed by the i.o.
the said activities thus attract sub clause of clause a of sub section 1 of section 3 of the maintenance of internal security act 1971 act 26 of 1971 .
at village kotaldi a thickly populated area under p. s. santuri district purulia you with your associates were illegally manufacturing bombs for unlawful purposes from dangerous explosive in your possession when an explosion took place causing fatal injury to one of your associates gope s o late chandi gope of kataldi p. s. santuri.
k. sinha a.c.
this violent act companymitted by you and your associates created alarm and anxiety amongst the local people endangered security affected the numbermal and rightful activities of their lives.
entry number 805 dated 29.6.73 and the ground number 3 relates to santuri p.s.g.d.
the order of detention passed by me was served on the detenu on 8.
6 3 of indian explosive act 1884 act number iv of 1884 the maintenance of public order was disturbed.
s o late mahaffat sk.
entries were filed against the petitioner and his associates.
for the petitioner.
in companysequence of your said activity which comes within the purview of sec.
the first companytention of mr.
petition under article 32 of the companystitution .
those instances have number been made the basis of the impugned order obviously because they were relatively number proximate in point of time.
the recent instances of his violent activities given in it are the same which companystitute the ground of detention.
and g.d.
your activity thus attract sub clause ii of clause a of sub section 1 of section 3 of the maintenance of internal security act 1971 act 26 of 1971 .
the judgment of the companyrt was delivered by sarkaria j the petitioner ham raman chatterjee challenges the order of his detention dated 8.12.1973 made under s. 3 of the maintenance of internal security act by the district magistrate purulia.
entries and was arrested on 27.9.73 in companynection with the first case as he was absconding and he was put in jail custody intermediate .
on 3.7.73 at about 08.00 hrs.
n. mukherjee and g. s. chatterjee of sukumar basu company for the respondent.
this violent act created consternation in the area and all the shop in the said bazar were closed down instantly as a consequence.
it is founded on three grounds which run as under on 3.6.1973 at about 19.00 hrs.
you with your associates armed with daggers and other dangerous weapons suddenly entered into the grocery of shri narayan chandra garai s o harishikesh garai at kistapur bazar p. s. santuri and demanded companymodities from his shop for which you did number intend to pay.
dismayed and overawed the shopkeeper shri narayan garai and the customers fled away from the shop for fear of life.
apprehending danger siddique sk.
entry 76 dated 3.7.73.
