Borooah, J.

In this application under section 491 of the Criminal Procedure Code the detenue Azizur Rahman, who was detained pursuant to Order No. 176 MIS Act dated 24.7.73 passed by the District Magistrate, Jalpaiguri, under the Maintenance of Internal Security Act, 1971, with a view to preventing him from acting in any manner prejudicial to the maintenance of public order, has challenged the order of detention.

2. The grounds for detention were communicated to the detenue by Order No. 176 MIS Act dated 24.7.73.

3. Mr. Mrinmoy Bagchi learned Advocate appearing on behalf of the petitioner submits that ground Nos. 1 and 3 of the instant Rule are almost identical with ground Nos. 1 and 2 of Criminal Miscellaneous Case No. 819 of 1973 in which case the detenue was Jit Bahadur Pariar. The only difference between the ground Nos. 1 and 3 of the instant case with ground Nos. 1 and 2 of the Criminal Miscellaneous Case No. 819 of 1973 is that in ground Nos. 1 and 3 of the present case an additional sentence is added, namely "You also threatened to shoot the neighbouring people to death".

4. The Rule in Criminal Miscellaneous Case No. 819 of 1973 was issued on 18.6.73 and was made return