Judgment

UNTWALIA, J. - These are two writ petitions under Art. 32 of the Constitution of India by two persons who are brothers asking for writs of habeas corpus against their allegedly illegal detention made pursuant to the orders of the District Magistrate, Sikar (Rajasthan) under Section 3 (1) read with Section 3 (2) of the Maintenance of Internal Security Act. 1971. Nathmal is the petitioner in Writ Petition No, 550/1974 and his brother Bhagwandas is the petitioner in the other writ petition. The facts of the two cases are common and the points involved in them are identical. They are therefore, being disposed of by a common judgment.

2. There does not seem to be any infirmity in the due observance of the legal formalities under the Maintenance of Internal Security Act, yet, for the reasons to be stated hereinafter, the detention of the petitioners is not legal and valid. The facts necessary to be stated for disposal of the two petitions are these. From June 29. 1974 to 1st of July, 1974 shop and other premises of the petitioners were searched and large quantities of certain commodities were recovered. In the opinion of the District Magistrate it became necessary to detain the tw