Sankar Prasad Mitra, C. J. :- This Reference to the Full Bench has been made by Mr. Justice S.K. Bhattacharyya and Mr. Justice Sudhamay Basu on May 31, 1974 under Chapter VII, Rules 1 and 5 of the Appellate Side Rules as amended upto the 10th April, 1974.

2. One Ram Narayan Gupta was served with an order of detention dated the 7th April, 1972 which the District Magistrate of Midnapore had passed in the exercise of powers vested in him by Sub-Section (1) read with Sub-Section (2) of S.3 of the Maintenance of Internal Security Act, 1971. By virtue of this order the detenu was arrested on the 13th April, 1972 on the ground that he was "acting in a manner prejudicial to the maintenance of supplies and services essential to the community as evidenced by particulars stated therein."

3. On the 23rd May, 1972 the detenu obtained a Rule from this Court under Section 491 of the Code of Criminal Procedure, 1898 which was marked as Criminal Miscellaneous Case No. 809 of 1972. This Rule was discharged by a Division Bench of this Court on the 3rd August, 1972.

4. On the 25th August, 1972 one Chunilal Gupta, a son of the detenu, obtained another Rule from this Court under Sec. 491 of the Co