Judgment

KRISHNA IYER, J.:- The case of the petitioner, a detenu in West Bengal, has been presented at persistent length by Shri Marwah, appearing as amicus curiae, but some of the many contentions pressed by him merit serious notice which alone we propose to deal with.

2. Now, the facts to the extent relevant. The order for detention was made by the District Magistrate, West Dinajpur, on March 19, 1973 pursuant to which he was taken into custody nine days later. The calendar of statutory events discloses no infirmity but the content of the grounds given by the District Magistrate and the order of approval made by the State Government have been the focal points of attack. Straightway we proceed to set out the two criminal involvements of the petitioner which allegedly prejudicial the authority to direct detention with a view, hereafter, to inhibit his activities prejudicial to supplies essential to the community. They are :

"(1) That on 6-3-1973 at about 01.30 hours you along with your associate Manger Soran of Gopalpur, P. S. Bangshihari, Dist. West Dinajpur were arrested with 65 kgs of paddy in gunny bags within 1 K. M. of West Dinajpur -Malda Border at Kandarpur, P. S. Bangshihari, Dist. West Dinajpur, by the patrol party of Bagduar A/S Camp, P. S. Bangshihari, Dist Dinajpur while you and your said associate were smuggling the said quantity of paddy from West Dinajpur district to Malda district Being challenged by the patrol party you could not produce any valid document in support of your carrying paddy at West Dinajpur Malda districts border. This activity of yours created scarcity of paddy within the jurisdiction of Bangshihari P. S. Elaka of West Dinajpur district and the price index of paddy soared high and high beyond the purchasing capacity of the common people of that area. Thus you acted in a manner prejudicial to the maintenance of supplies essential to the community.

(2) That on 11/12-3-73 mid-night you along with your associates were found smuggling paddy in 6 bullock carts from Rakhalpukur, P. S. Bangshihari, Dist. West Dinajpur to Malda District by some members of the local Resistance group, namely Kamal Chandra Roy of Deogaon, Narayan Chandra Sarkar of Mirshati, both of P. S. Bangshihari, Dist. West Dinajpur and others. Being challenged by the said Resistance group Members, you and your associates threatened to kill them and being thus terrorised the Resistance Group Members dared not apprehend you and your associates. These activities of yours are mainly responsible for the rise in prices of paddy and rice within Bangshihari. P. S. jurisdiction of West Dinajpur district. By such illegal act of smuggling of paddy you and your associates created scarcity of paddy and rice in Bangshihari P. S. jurisdiction, Dist. West Dinajpur and thereby acted in a manner prejudicial to the maintenance of supplies essential to the community.

From the above facts it is clear that you and your associates are acting in a manner prejudicial to the maintenance of supplies and services essential to the community."

3. The past is the precursor and predictor of the future and this commonsense canon is usually - and in this case applied by the authority to foretell the danger to the services and supplies essential to the community by repetitive criminal activity of the prospective detenu. Once the officer entrusted with the power reads the omens with due care, the court cannot re-read for its own satisfaction.. But if the authority puts forward grounds so grotesque that he goofs the law, as it were, the Court will invalidate the order for the well-worn reason that no rational being would have formed the satisfaction which is a sine qua non for the detention. Supra-rational hunch or infra-rational instinct are not legal processes in this humdrum world and we have, as sentinels, the duty to scan the basis of the subjective satisfaction of the authority to check upon this minimal aspect of rational belief.

4. The grounds, as already set out, h