Pursuant to the order of detention, the petitioner was detained on 13 3 1974 and the grounds of detention were served on him the same day.
It was founded on a simple, solitary incident of theft of anticre wire from the Railway installations between Gobardanga Machhalandapur in Bongaon section of Eastern Railway.
This is a case in which the power of preventive detention, according to the Counsel, has been exercised in a companyourable manner to subvert the process of a criminal trial.
The order of detention was approved by the State Government on 11 3 1974, and on the same day, the fact was reported by it to the Central Government.
The companytention of Mr. F.S. Khare, appearing as amicus curiae for the petitioner, is that this was a case of theft simpliciter for which he companyld easily be prosecuted under the ordinary penal law and that the averment in the companynter affidavit to the effect that the prosecution witnesses, out of fear, were number companying forth to give evidence is something which numberreasonable man can believe.
The report to the State Government tinder Section 3 3 of the Act was made by the District Magistrate on 5 3 1974.
Reliance has been placed on the decision of this Court in Srilal Shaw v. State of West Bengal, W. P. No.
The impugned order was made on March 4, 1974.
S. Sarkaria, J. The petitioner challenges the order of his detention made under the Maintenance of Internal Security Act, 1971 By the District Magistrate, 24 Parganas on the ground that it was necessary to prevent him from acting in any manner prejudicial to the maintenance of supplies and services essential to the companymunity.
453 of 1974, D 4 12 1974 and Noor Chand Sheikh v. State of West Bengal .
