Judgment

KRISHNA IYER, J.:- The petitioner was detained pursuant to an order dated 1st December, 1972. The sole ground on which the District Magistrate, 24-Parganas (the detaining authority) relied has been set out in the ground communicated which runs as follows:

"That on 1l-10-1972 at about 01-55 hrs., You along with your associates being armed with bombs and other weapons victimised wagon No. NR-17393 Ex. BYO to KPD attached to running goods train in EC-249 DN near the Booster Sub-station of Dum Dum Jn. R/s when the train slowed down for traffic restriction and committed theft in respect of tea chests. Train guard RPF party challenged you and your associates when you hurled bombs towards the RPF party. RPF RK Sitaram Rai fired one round in self defence when you and your associates fled away leaving behind three chests of tea at the P.O."

2. This case, when it had come up earlier for hearing created some doubt in the mind of the Court as to whether this single incident alone would have persuaded the authority into the satisfaction about future prejudicial activity of disrupting supplies and services essential to the life of the community. Counsel for the State fairly agreed that h