Judgment

UNTWALIA, J.:- The petitioner was arrested on 17-3-1974 in pursuance of an order of detention made on 29-6-1973 by the District Magistrate, 24 Parganas, West Bengal under Section 3 (1) of the Maintenance of Internal Security Act, 1971. The petitioner by this writ application challenges his detention as illegal.

2. The petition was filed by the detenu from jail and was argued before us by an advocate of this Court appearing Amicus Curiae. The relevant facts may be stated from the counter filed on behalf of the respondent.

3. The grounds of detention against the petitioner are two and they are these :

"(i) That on 8-6-72 at about 01. 50 hrs. you along with your associates (1) Madhab Chandra Mondal (2) Bhupen Adhikari (3) Biswanath Adhikari (4) Jibon Krishna Biswas (5) Promatha Samaddar (6) Iman Ali Sardar Nath Roy (7) Prafulla Kumar Roy (8) Jnanandra Nath Roy and others being armed with bombs and lethal weapons raided the house of Paresh Chandra Dutt, son of Nibaran Chandra Dutt son of Nibran Chandra Dutta of Simulpur P.S. Gaighata Distt. 24-Parganas, assaulted the inmates of the house and looted away cash, ornament, utensils etc, valued Rs. 8110/-. That when the villagers Jiten