JUDGMENT

SABYASACHI MUKHARJI, J. :— Writ Petition No. 296 of 1986 and Special Leave Petition (Criminal) No. 1265 of 1986 are connected and relate to an order of detention of one Rampal Sahu dated 16th December, 1985 under Section 3(2) of the National Security Act, 1980 (hereinafter called the said Act). These are dealt with by this judgment.

2. The said Rampal Sahu (hereinafter called the detenu) was detained by the aforesaid order which was served on him on 17th December, 1985 with the grounds of detention. According to the writ petition as well as the special leave petition the grounds of detention served on the detenu did not disclose any violation of the Essential Commodities Act or Essential Services Maintenance Act. In the premises it is the contention of the petitioner that the detention was illegal and unconstitutional. The State of Maharashtra approved the detention on 24th December, 1985.

3. The detention order as mentioned hereinbefore was under S. 3(2) of the said Act. The detenu was arrested on 17th December, 1985 and the grounds of detention were served on the same day. The order alleged, inter alia, that since the year 1979, the detenu had been continuously engaging himself in committing acts prejudicial to the maintenance of supplies and services essential to the community i.e. removing of permanent way material stacked along rail lines for maintenance of rail tracks, removing parts of Carriages, Wagons and Signal Telecommunication materials utilised for repair of Railway Wagons and maintenance of signals. It was further alleged that the said detenu used to arrange to remove railway property with the help of his gang and stock the same in his godown, himself remaining behind the scene. It was alleged that in a number of cases railway properties were loaded and carried away in truck No. MEG 6302 which was owned by the detenu. It was stated that he was indulging in removing railway material which was stacked along the rail tracks for the maintenance of the tracks, thus the work of maintenance of the tracks was hampered and quick movement of the wagons loaded with essential commodities such as foodgrains, arms, ammunition required by the general public and the armed forces could not be made. Such acts were prejudicial, according to the order of detention, to the maintenance of supplies and services essential to the community.

4. The grounds further indicated six different cases. The case numbers were :-

1) P. S.. Deori, Crime No. 69/83 u/ss. 379, 34, I.P.C. decided by the J.M.F.C. Sakoli vide C.C.No. 50/84.

2) R.P.F.Post Ajni, Crime No. 20/84 u/s. R. P. (U.P.) Act, 1966. An appeal u/s 378 of the Code of Criminal Procedure is being filed in the High Court against the order of aquital dated 24-5-85 passed by the J.M.F.C., Railway Court, Nagpur, vide C.C.No. 362/84.

3) R.P.F.Post Ajni, Crime No. 43/84 u/s. 3, RP(UP) Act, 1966 pending trial before the J.M.F.C. (Rly.) Nagpur, vide C.C. No. 153/85.

4) P.S. Kamptee, Crime No. 195/84 u/ss. 379,411, 34, I.P.C. pending trial before the J.M.F.C., VIII Court, Nagpur, vide C.C. No. 200/84.

5) P.S. Kamptee, Crime No. 53/85 u/ss. 379, 34, IPC under investigation.

6) R.P.F.Post Ajni, Crime No. 41/85 u/s. 3, RP(UP) Act pending trial before the J.M.F.C. (Rly.) Court, Nagpur, vide C.C. No. 212/85.

5. The incident in the first case was alleged to have taken place on 26th December, 1983. It was alleged that a truck bearing Registration No. MHG 6302 was standing near the iron bridge on the National Highway and some thieves were trying to cut the steel girders meant for constructing road bridge for removing the same. Other particulars were named therein and the names of two persons were also mentioned. There was some stealing. The stolen property including steel girders and the truck mentioned above were seized. It appears that the truck was owned by the detenu. The detenu was arrested on 26th February, 1984 and the aforesaid two persons were convicted under Section 379 read with Section 34, I.P.