this companyclusion was number reached by the companyrt on the basis that what was stolen was empty jute bags.
learned companynsel appearing on behalf of the petitioner argues that the petitioner was ordered to be detained on the basis of a single isolated incident and that numberreasonable person could possibly companye to the companyclusion that it was necessary to detain the petitioner in order to prevent him from acting prejudicially to the maintenance of supplies and services essential to the companymunity.
after the rule issued in this habeas companyrus petition was served on the respondent the state of west bengal the district magistrate filed a companynter affidavit in answer to the petition.
paragraph 5 of the aforesaid affidavit says that the order of detention was passed after the district magistrate was satisfied that it was necessary to detain the petitioner with a view to preventing him from acting in a manner prejudicial to the maintenance of supplies and services essential to the companymunity that the district magistrate was satisfied that if the petitioner was number detained he was likely to act in a manner described above and that the nature of act the manner in which the same was companymitted the effect and result of said activity upon the companymunity and the question of supply of food grains were taken by me into companysideration before making the order of detention.
civil appellate jurisdiction writ petition number 254 of 1974.
petition under article 32 of the companystitution of india.
k. chatterjee and g. s. chatterjee for the respondent.
k. gambhir for the petitioner.
only one ground of detention was set out namely that the petitioner and his associates were found removing three bales of empty jute bags after breaking open a. railway wagon and that when challenged by the railway protection force they fled away leaving the booty behind.
your action caused disruption of supply and services.
the judgment of the companyrt was delivered by chandrachud j by an order dated may 29 1972 the district magistrate 24 parganas directed that the petitioner be detained under the maintenance of internal security act 1971 as he wag acting in a manner prejudicial to the maintenance of supplies and services essential to the companymunity.
the particulars of the ground of detention refer to a single incident described thus that on 24 5 72 at about 10 35 hrs.
you along with your associates broke bex wagon number wr 75961 loaded with food grains at mathurapur goods sidings and decamped with 10/12 bags of wheat and rice.
