Judgment

RAMASWAMI, J: In this case the petitioners have obtained a rule calling upon the respondent, viz., the State of West Bengal, to show cause why a writ of habeas corpus should not be issued under Article 32 of the Constitution directing their release from detention under order passed under Section 3 (2) of the Preventive Detention Act, 1950 Act IV of 1950) (hereinafter called the Act). Cause has been shown by Mr. Debabrata Mukherjee and other counsel on behalf of the respondent to whom notice of the rule was ordered to be given.

2. At the conclusion of the hearing of this petition on 15th January, 1969, we directed the release of these petitioners and said that the reasons would be furnished later. We shall now proceed to state those reasons.

3. As regards petitioner No. 2, Sk Abdul Karim, the order of detention was made on 17th February, 1968 by the District Magistrate of Hooghly and reads as follows:

"No. 230-C Dated 17-2-1968

Whereas I am satisfied with respect to the person known as Sk. Abdul Karim son of late Sk. Nasiruddin of Mathurdangi Police Station Chanditala, District Hooghly that with a view to preventing him from acting in any manner prejudicial to the maintenance of supplies and services essential to the community, it is necessary so to do, I therefore in exercise of the powers conferred by Section 3 (2) of the Preventive Detention Act, 1950 make this order directing that the said Sk. Abdul Karim be detained.

Given under my hand and seal of office

Sd./- Illegible,

17-2-1968

District Magistrate, Hooghly".

On the same date the following grounds of detention were communicated to the detenu:

"1. You are being detained in pursuance of a detention order made under sub-section (2) of Section 3 of the Preventive Detention Act, 1950 (Act IV of 1950), on the following grounds:

2. That on 2nd February, 1968 at 19.05 hours you were arrested while carrying 60 kgs, of rice without authority from Dankuni Bazar towards Dankuni Rly. Station with a view to despatch the same by train into the statutory rationing areas of Calcutta and Howrah.

(a) That on 9th February, 1968 at 14.00 hrs. you were found to detrain at Dankuni Rly. Station with a bag containing one maund of rice from Burdwan-Howrah local train.

(b) That on 10th February, 1968 at 12.55 hrs. you with 2/3 other smugglers were found to carry rice 20 kgs. each, by train from Dankuni Rly. Station towards Sealdah and you all detrained at Baranagore on side platform with unauthorised stocks of rice.

(c) That on 11th February, 1968 at 08.45 hrs, you with other smugglers were found to carry rice 20 kgs. each, by train towards Howrah from Dankuni Rly. Station.

3. You are hereby informed that you may make a representation to the State Government, as early as possible, on receipt of the detention order and that such representation should be addressed to the Asstt. Secy. to the Government of West Bengal, Home Dept. Special Section. Writers Buildings Calcutta, and forwarded through the Superintendent of the Jail in which you are detained.

4. You are also informed that under Section 10 of the Preventive Detention Act, 1950 (Act IV of 1950), the Advisory Board shall hear you in person and if you desire to be so heard by the Advisory Board, you should intimate such desire in your representation to the State Government

Sd./- Illegible

17-2-1968.

District Magistrate, Hooghly".

On 21st February, 1968, Sk. Abdul Karim made a representation to the State Government against the order of detention.

4. On 22nd April, 1968, the Advisory Board made a report under section 10 of the Act stating that there was sufficient cause for detention of Sk Abdul Karim. On 24th July, 1968, the Government of West Bengal confirmed the detention order under Section 11 (1) of the Act.

5. Section 3 of the Act provides:

"3. (1) The Central Government or the State Government may

(a) If satisfied with to any person that with a view to preventing him from acting in any manner prejudicial to-

(i) the defence of India, the relations