Judgment

Vaidlalingam, J.-The petitioner has filed this petition under Article 32 of the Constitution for his release by a writ of habeas corpus from detention in the district jail, Dhanbad, Bihar State. The averments made in the petition are briefly as follows.

2. The petitioner along with nine others was arrested on August 9, 1970 at about 10.30 a.m. by the police officers headed by the Divisional Inspector Parasnath Singh at village Het Kandra in Police Station Sindri, situated within the Dhanbad district. The arrest of the petitioner was stated to have been made under Section 151, Cr. P. C. The petitioner is an activist of Samyukta Socialist Party and was also the former Chairman of the Bihar unit of the said party. On August 9, 1970, the petitioner and his companions were standing scattered unarmed over an area of land in survey plot No. 295 in Khata No. 49 of village Het Kandra in Jharia Anchal in Dhanbad district. He was selecting suitable portion in the said land for cultivation by landless persons who were also present along with the petitioner. The land is stated to be Gair Mazarua land. After his arrest he was taken to Sindri police station and kept there till 2 p. m. and