Judgment

BHAGWATI J.:- The petitioner in this petition seeks a writ of habeas corpus challenging the validity of his detention under an order made by the District Magistrate, Burdwan under sub-section (1) read with sub-section (2) of S. 3 of the Maintenance of Internal Security Act, 1971. The order of detention was made on 10th July, 1973 on the ground that it was necessary to detain the petitioner 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 arrested on 24th August, 1973 and immediately on his arrest he was served with the grounds of detention. There were two incidents referred to in the grounds of detention as forming the basis for arriving at the subjective satisfaction on the part of the District Magistrate and they were as follows:

"1. On 23-1-1973 at about 03.00 furs. you along with your associates (i) Michael Antony, son of M. Danial alias Ram Murti of Purniatalao, P. S. Hirapur, District Burdwan (ii) Dhiren Antony son of Michael Pitter of Purniatalao, P. S. Hirapur, Dist. Burdwan, and others committed theft in respect of two spans