Judgment

BHAGWATI, J.:- The District Magistrate, 24 Parganas, in exercise of the power conferred upon him under sub-section (1) read with sub-section (2) of S. 3 of the Maintenance of Internal Security Act, 1971, passed an order dated 28th August, 1972, directing that the petitioner be detained as it was necessary to do so with a view to preventing him from acting an any manner prejudicial to the maintenance of supplies and services essential to the community. Pursuant to the order of detention the petitioner was arrested on 30th August, 1972 and immediately on his arrest the grounds on which the order of detention was made were served on him by a communication dated 28th August, 1972, made under S. 8, sub-sec. (1) of the Act. There was only one ground set out in this communication and it was in the following terms :

"That on 11-8-1972 at about 14.05 hrs. you and your associates were removing three bales of empty gunny bags by breaking open wagon No. WR-386335 near Ghola Fatak North Cabin of Naihati Railway Yard. Being challenged by the local R. G. members you and your associates fled away leaving behind the stolen Gunny bags."

The State Government thereafter placed before the Adviso