The District Magistrate had reported about the passing of the detention order together with grounds of detention and other particulars to the State Govt.on the 3rd April, 1971.
The above dates are called from the affidavit of Chandi Charan Bose, Deputy Secretary, Home Special Department, Government, of West Bengal.
On the 4th May, 1971 the State Government placed the case of the petitioner before the advisory Board under Section 10 of the Act.
The companymunication of the companyfirmation of the order of detention was claimed to have been made by a memo dated 23rd August, 1971 through the Additional Superintendent of Police who was directed to serve the same upon the petitioner immediately.
The deponent claims to have made the affidavit on the basis of the relevant records available to the Government of West Bengal, as also authority from the State Government to affirm the affidavit on behalf of the respondent to the petition.
The State Government also submitted a report to the Central Government in accordance with the provisions companytained in Sub section 5 of Section 3 of the Act.
The report and particulars were companysidered by the Government on the 13th April and the detention order was approved on the same day.
The Board after companysidering the materials placed before it and after hearing the detenue petitioner in person submitted its report to the State Government on the 14th June 1971 to the effect that there was sufficient cause for detention of the petitioner.
The representation appears to have been companysidered by the Government on the 8th June 1971 and rejected on the same day.
It appears that the representation of the petitioner was received by the State Government in its Home Department on or about 10th May, 1971.
Nevertheless the representation was sent up to the Advisory Board for the companysideration.
There is numberchallenge to the above dates by the petitioner excepting that according to him the order of companymunication to him bearing date 23rd August 1971 to be borne out by the original records which were produced before us.The petitioner made a representation against his arrest on the 3rd May, 1971.
By order dated 3rd July 1971 the State Government companyfirmed the order of detention in exercise of powers companyferred Sub section 1 of Section 12 of the Act.
The petitioner was arrested on the 6th April 1971 when he was served with grounds for detention.
K. Mitter J. The petitioner before us challenges the order of detention by which he was put under arrest under Article 32 of the Constitution.
The said order was passed against the petitioner by the District Magistrate, Burdwan on the 3rd April, 1971 in exercise of powers companyferred by Sub section 1 read with Sub section 3 of Section 3 of the West Bengal Prevention of Violent Activities Act, 1970.
