Judgment

SHELAT, J. :- 37 Persons detained under Section 3 (1) (a) (ii) and (iii) read with Section 3 (2) of the Preventive Detention Act, IV of 1950 filed this petition against orders of detention passed against them by the District Magistrates of Howrah, Midnapore and Purulia, West Bengal. We are, however, concerned only with Subodh Chandra Barik and Guhiram Gope, petitioners 15 and 36, as the rest of them have since then been released. The petition came up for hearing on April 11, 1969 before Sikri and Bachawat JJ. who referred it to a larger Bench as the question involved in this petition was of substantial importance. That is how this petition has come up before us for disposal.

2. Petitioners in W. P. 448 of 1969, pending in this Court and who are detained under the Jammu and Kashmir Preventive Detention Act, applied for intervention as the point involved in this petition also arises in their petition and that having been allowed, Mr. Garg representing them appeared before us supporting the contentions raised on behalf of petitioners 15 and 36.

3. The order of detention against petitioner Barik was passed on March 23, 1968 by the District Magistrate, Midnapore, as he was satisfied that with a view to preventing the petitioner from acting in a manner prejudicial to the maintenance of supplies and services essential to the community it was necessary to detain him. The District Magistrate reported to the State Government his said order on March 27, and the Governor approved the same on April 1, 1968. As required by Section 3 (4) of the Act the Governor reported the case to the Central Government. The petitioner was taken into custody on September 16, 1968 when he was served with the said order and the grounds therefor. His case was placed before the Advisory Board on September 21, 1968 under Section 9 of the Act. On October 21, 1968 the petitioner made his representation against the said order to the State Government. On November 6, 1968 the Advisory Board, after considering his case as also his said representation, gave its opinion that there was sufficient cause for his detention and thereupon the Governor, by his order dated November 11, 1968, confirmed the said order. The petitioner filed a petition in the High Court at Calcutta against the said order but that was dismissed.

4. As regards petitioner Guhiram Gope, the order of detention was passed against him by the District Magistrate of Purulia on August 29, 1968 on the ground that he was satisfied that he was acting in a manner prejudicial to the maintenance of supplies and services essential to the community and also to the maintenance of public order i.e., under Cls. (ii) and (iii) of Section 3 (1) (a). The order was reported to the State Government on the same day. The Governor approved the order on September 6, 1968 and made his report to the Central Government on the same day. The petitioner was taken into detention on August 29, 1968 after he was served with the order and the grounds therefor. His case was placed before the Advisory Board on September 20, 1968. The petitioner made his representation to the State Government on October 5, 1968. On November 6, 1968 the Board considered his case as also his said representation and on its finding that there was sufficient cause for his detention the Governor confirmed the said order on November 12, 1968. It is not necessary to go into the various grounds furnished to the petitioners. It is sufficient to notice that in the affidavit in reply filed on behalf of the State Government the detention of the two petitioners was sought to be defended on the ground that the petitioners, taking advantage of the scarcity conditions prevailing in the State, were indulging in illegitimate procuring, holding and disposing of food grains thereby defeating the policy of and the various control orders passed in that behalf by the State Government. We may also notice that the grounds supplied to the petitioners also stated that the petitio