Judgment

BHAGWATI, J. :- This is a petition under Article 32 of the Constitution for a writ of habeas corpus for setting the petitioner free from detention. Immediately on the conclusion of the hearing of the petition we passed an order releasing the petitioner from detention and we now proceed to give our reasons.

2. The District Magistrate, 24 Parganas, in exercise of the power conferred upon him under sub-section (1) read with sub-section (2) of Section 3 of the Maintenance of Internal Security Act, 1971, passed an order dated 23rd August, 1972 directing that the petitioner be detained as it was necessary to do so with a view to preventing him from acting in a manner prejudicial to the maintenance of supplies and services essential to the community. Pursuant to the order of detention, the petitioner was apprehended on 29th August, 1972 and at the time of the apprehension the grounds on which the order of detention was made were served on him by a communication dated 23rd August, 1972 made under Section 8, sub-section (1) of the Act. There was only one ground set out in the communication and it was that on 23rd July, 1972 between 02.00 hrs. and 03.00 hrs. the petitioner and his ass