Judgment

SARKAR1A, J.:- The petitioner challenges the order of his detention made under the Maintenance of Internal Security Act, 1971 by the District Magistrate 24-Parganas on the ground that it was necessary to prevent him from acting in any manner prejudicial to the maintenance of supplies and services essential to the community.

2. The impugned order was made on March 4, 1974. It was founded on a simple, solitary incident of theft of anticreep wire from the Railway installations between Gobardanga & Machhalandapur in Bongaon section of Eastern Railway. The report to the State Government under Section 3 (3) of the Act was made by the District Magistrate on 5-3-l974. The order of detention was approved by the State Government on 11-3-1974, and on the same day, the fact was reported by it to the Central Government pursuant to the order of detention, the petitioner was detained on 13-3-1974 and the grounds of detention were served on him the same day.

3. The contention of Mr. P. S. Khare, appearing as amicus curiae for the petitioner, is that this was a case of theft simpliciter for which he could easily he prosecuted under the ordinary penal law and that the averment in the counter a