K.K. MATHEW, J.

(1) THIS application filed under Article 32 of the Constitution challenges the validity of an order for detaining the petitioner, passed by the District .Magistrate of Kamrup, under S. 3(2) (a) of the Maintenance of Internal Security Act, 1971, on 30/08/1971, and prays for the issue of a writ in the nature of habeas corpus.

(2) ON the conclusion of the hearing of the case on 7/10/1971, we passed the following order :

"WE are satisfied that the order of the District Magistrate, Kamrup, dated 30/08/1971, detaining the petitioner under S. 3(2) (a) of the Maintenance of Internal Security Act, 1971, cannot be sustained and as such the order of detention is set aside and the detenus is directed to be set at liberty forthwith. The grounds for the decision will be given in due course."

(3) NOW we proceed to state the facts and give the grounds of our decision. The petitioner was a dealer in salt and other commodities at Gauhati in the State of Assam. On account of unprecedented flood the State was practically cut off from the rest of the country in the month of July and August, 1971, and there was acute scarcity of salt in the state. Although there