Judgment

DUA, J. :- The petitioner in these proceedings for a writ in the nature of habeas corpus under Art. 32 of the Constitution is one Mohd. Subrati alias Mohd. Karim detained in the Burdwan Jail pursuant to the impugned order of detention dated February 9, 1972 made by the District Magistrate, Burdwan in exercise of the powers conferred on him by sub-s. (1) read with sub-s. (2) of S. 3 of the Maintenance of Internal Security Act No. 26 of 1971 (hereinafter called the Act). The said District Magistrate, as is clear from the impugned order, was satisfied that with a view to preventing the petitioner from acting in any manner prejudicial to the maintenance of supplies and services essential to the community it was necessary to make the order directing that he be detained. The grounds of detention were duly served on him at the time of his arrest on February 11, 1972. Those grounds are :

"1. That on 6-1-72 at about 03.30 hrs. you along with your associates including (1) Teka Bahadur son of Shri Harak Bir Bahadur of Hutton Road, P. S. Asansol, Dist. Burdwan, (2) Shri Ganesh Das, son of Shri Ghote Das of Gour Mondal Road, P. S. Asansol, Dist. Burdwan committed theft in respect of elec