Judgment

DUA, J.:- This is a petition under Art. 32 of the Constitution challenging the order of the petitioner s detention dated September 23, 1971 made by the District Magistrate, Howrah, under S.3, sub-s. (1) and (2) of the Maintenance of Internal Security Act 26 of 1971 (hereinafter called the Act). The petitioner Borjahan Gorey, who claims to be a labourer working in Gogalbhai Jute Mills was arrested on October 5, 1971 pursuant to the impugned order of detention. The grounds of detention were served on him on the same day. He made a representation to the State Government on October 25, 1971 which was duly considered by the said Government on October 29, 1971. His case was placed before the Advisory Board on November 1, 1971 as required by S.10 of Act and the said Board made its report on December 10, 1971. As in the opinion of the Board there was sufficient cause for the petitioner s detention the State Government confirmed the impugned order on December 23, 1971 and communicated this fact to the petitioner on the same day.

2. The grounds for the petitioner s detention duly communicated to him under S.3 (1) of the Act are:-

"(1) On 7-7-71 after 19.30 hours you and your associates