Sudhamay Basu, J. :- This Rule was obtained on an application under Section 491 of the Code of Criminal Producer, for a Writ in the nature of Habeas Corpus. It relates to an order of detention dated the 20th of October, 1971 passed by the District Magistrate, Birbhum in exercise of the powers vested in him under sub-section (1) read with sub-section (2) of Section 3 of the Maintenance of Internal Security Act, 1971. The detenu was taken into custody on and from the 29th of August, 1972 by virtue of the said order on the ground that he had been acting "in a manner prejudicial to the security of the State the maintenance do public order". The particulars given to the detenu as evidence thereof were as follows :

1. On 28-5-1971 between 20.30 hrs. and 20-45 hrs. the detenu along with others being armed with revolver, daggers bombs and other lethal weapons raided the house of gun licensee Sk. Abdul Motleb. S/o late Md. Unnas of Haripur P.S. Suri and forcibly took away his S.B.B.L. gun No. 42117. This created serious panic and terror in the locality.

2. On 28-5-1971 around 21-30 hrs. the detenu along with others being armed with deadly weapons broke open the doors of the house o