Judgment

DUA, J. :- The petitioner in this case is being detained in Dum Dum Central Jail, pursuant to an order of detention dated August 18, 1971 made by the District Magistrate, Howrah in exercise of the powers conferred on him by S. 3 (1) and (2) of the Maintenance of Internal Security Act, 26 of 1971 (hereinafter called the Act). The District Magistrate duly reported to the State Government the fact of having made the order together with the grounds of detention and all other particulars having a bearing on the matter. The State Government considered this report and approved the detention order on August 26, 1971 when it also submitted to the Central Government the necessary report as required by S. 3 (4) of the Act. The petitioner could, however, be arrested only on June 16, 1972 as, according to the return "soon after the said order the detenu-petitioner was found to be absconding". The grounds on which the detention was ordered read :

"1. On 20-4-71 at 02.00 hrs. you and your associate being armed with daggers, iron rods, bombs etc., trespassed into Shalimar Yard by scaling over the boundary wall and started looting railway materials stacked in front of D. S. P. Store, Shalima