Judgment

SHELAT, J.: This petition under Art. 32 of the Constitution impugns the validity of the order, dated January 3, 1971, passed by the District Magistrate of Jalpaiguri in exercise of the powers conferred on him under sub-sec. (1) read with sub-sec. (3) of Section 3 of the West Bengal (Prevention of Violent Activities) Act, 1970 directing the detention of the petitioner. The impugned order stated that the District Magistrate was satisfied that it was necessary that the petitioner should be detained with a view to preventing him from acting in any manner prejudicial to the security of the State of the maintenance of public order as provided by Section 3 (1) of the Act. According to the affidavit in reply of the Deputy Secretary, Home (Special) Department to the Government of West Bengal, the order could not be served upon the petitioner and the petitioner could not be arrested and detained till January 30, 1971 as the petitioner till then was absconding.

2. On January 4, 1971, the District Magistrate reported to the State Government the fact of his having passed the said order together with the grounds of detention and all other particulars having a bearing on the same. These we