Judgment

DUA, J.:- These three writ petitions (Samaresh Chandra Bose v. District Magistrate, Burdwan W. P. No. 216 of 1972; Shyamal Biswas v. District Magistrate, Burdwan etc., W. P. No. 217 of 1972 and Dulal Chandra Das v. District Magistrate, Burdwan etc., W. P. No. 218 of 1972) raise common questions of law and fact and are, therefore, being disposed of by a common judgment. In fact the main arguments were addressed only in Samaresh Chandra Bose v. District Magistrate (W. P. No. 216 of 1972), the arguments of this case having been adopted in the other two cases. We would, therefore, refer to the facts in W. P. No. 216 of 1972.

2. Samaresh Chandra Bose who is employed as a Supervisor of Alloy Steel Plant, Durgapur was, according to the common case of both sides arrested on October 13, 1971 and was an accused in Durgapur P. S. case (No. 33 dated October 14, 1971) under Sections 147/188/307, Indian Penal Code and under Section 6 (3) of the Indian Explosives Act. According to the petitioner he was woken up while asleep in his quarters and arrested on the morning whereas according to the respondent he was arrested at about 8.15 p.m. from Telak Road "B Zone, Durgapur. It is alleged th