Judgment

MITTER, J.:- The petitioner who was detained in pursuance of an order under the Maintenance of Internal Security Act, 1971 (26 of 1971) (hereinafter referred to as the Act ) has presented this petition under Art. 32 of the Constitution. He states therein that the detention order originating from the District Magistrate of Howrah is baseless, mala fide and motivated, that he was never involved in any kind of violent or anti-social activities, that he is a first fireman of the South Eastern Railway and by his detention irreparable prejudice will be caused to himself and members of his family. He states further that he had gone to the Advisory Board on November 17, 1971 and that his detention was confirmed and communicated to him on December 8,1971. His grievance is that no first information was lodged against him as was necessary in the circumstances of the case and his detention is not warranted by law.

2. From the affidavit affirmed by the District Magistrate of Howrah in opposition to the petition the following facts emerge:-

(1) The order was made against the petitioner on 24th August 1971 in exercise of the Magistrate s power conferred by sub-s. (1) read with sub-s. (2) o