Judgment

MATHEW, J.:- The petitioner challenges the validity of an order of detention passed under sub-section (1) read with sub-section (2) of S. 3 of the Maintenance of Internal Security Act, 1971 by the District Magistrate, Nadia on 16-3-1973. In pursuance to the Order, the petitioner was detained on 19-3-1973 The grounds of detention were communicated to the detenu. The petitioner sent a representation and that was received by the State Government on 30-3-1973. The State Government placed the case of the detenu before the Advisory Board on 31-3-1973. The representation of the petitioner was considered by the Government and it was rejected on 4-4-1973 but the same was forwarded to the Advisory Board. The Advisory Board submitted its report stating that there was sufficient cause for detention of the petitioner on 10-5-1973. The detention order was confirmed by Government on 15-5-1973.

2. The ground of detention stated:

"That on 24-1-1973 night between 01.00 hrs. to 02.00 hrs. you along with your associates committed theft of 4 pairs of fish plates from the running track at KM post No. 47/1, 47/3, 47/5 in between Kalyani R. S. and Kanchrapara R. S. and as a result train services wer