Dinajpur while you and your said associates were smuggling the said quantity of paddy from West Dinajpur district to Malda district.
West Dinajpur were arrested with 65 kgs.
Straightaway we proceed to set out the two criminal involvements of the petitioner which allegedly persuaded the authority to direct detention with a view, hereafter, to inhibit this activities prejudicial to supplies essential to the companymunity.
Thus you acted in a manner prejudicial to the maintenance of supplies essential to the companymunity.
of paddy in gunny bags within 1 K.M. of West Dinajpur Malda Border at Kandarpur, P. S. Banshihari, Dist.
That on 11/12/3 73 mid night you along with your associates were found smuggling paddy in 6 bullock carts from Rakhalpukur, S. Banshihari, Dist.
By such illegal act of smuggling of paddy you and your associates created scarcity of paddy and rice in Banshihari P.S. jurisdiction, Dist.
West Dinajpur, by the patrol party of Bagduar A S Camp, P. S. Bangshihari, Dist.
The Judgment of the Court was delivered by KRISHNA IYFR, J. The case of the petitioner, a detenu in West Bengal, has been presented at persistent length by Sri Marwah, appearing as amicus curiae, but some of the many companytentions pressed by him merit serious numberice which alone we propose to deal with.
The calendar of statutory events discloses numberinfirmity but the companytent of the grounds given by the District Magistrate and the order of approval made by the State Government have been the focal points of attack.
349 of 1974.
ORIGINAL JURISDICTION Writ Petition No.
32 of the Constitution of India.
Sukumar Ghosh and G. S. Chatterjee, for the respondent.
Petition under Art.
The order for detention was made by the, District Magistrate, West Dinajpur, on March 19, 1973 pursuant to which he was taken into custody nine days later.
S. Marwah, for the petitioner.
West Dinajpur to Malda district by some members of the local Resistance group, namely Kamal Chandra Roy of Deogaon, Narayan Chandra Sarkar of Mirshati, both of P.S. Banshihari, Dist.
Now, the facts to the extent relevant.
They are That on 6 3 73 at about 01.30 hours you along with your associate Mangal Soran of Gopalpur, P. S. Bangshihari, Dist.
The smugglers were arrested by the patrol party of Bagduar anti ,smuggling camp.
This activity of yours created scarcity of paddy within the juris diction of Bangshihari P. S Elaka of West Dinajpur district and the price index of paddy soared high and high beyond the purchasing capacity of the companymon people of that area.
Being challenged by the Said Resistance Group Members, you and your associates threatened to kill them and being thus terrorised the Resistance Group Members dared number apprehend you and your associates These activities of yours are mainly responsible for the rise in price of paddy and rice within Banshihari P.S. jurisdiction of West Dinajpur district.
West Dinajpur and others.
Being challenged by the patrol party you companyld number produce any valid document in support of your carrying paddy at West Dinajpur Malda districts border.
