The satisfaction of the detaining authority that the detenu is likely to indulge in prejudicial activities is a subjective satisfaction and cannot be questioned on the ground of sufficiency of material, but it can be challenged if it is based on no material, mala fides, or extraneous considerations, or if relevant material is ignored.

H. N. Seth, J.

1. BY this petition under Article 226 of the Constitution, petitioner Nanha Singh questions the validity of an order dated 12th of December, 1983 passec by District Magistrate, Kanpur authorising his detention under the provisions of Sec. 3 of the National Security Act.

2. PETITIONER was in connection with Crime Case No. 751 of 1981 under Sees. 399/402 and 400 IPC and Crime Case No. 752 of 1981 under Sec. 25/27 of the Arms Act, arrested by the police of police station Moraina, Madhya Pradesh on 21st of November, 1981, subsequently in connection with Crime Case no. 553 of 1981, under Sec. 396 IPC of Police Station Sakheti, District Kanpur Dehat, he was on 4th of February, 1983 brought to district jail Kanpur and lodged there. While the petitioner was still in jail custody in connection with Crime Case no. 553 of 1981, he was served with the impugned order of detention which is dated 12th of December, 1983 along with the grounds thereof on 13th of December, 1983.

The District Magistrate, Kanpur supplied to the petitioner following particulars on the basis of which he felt satisfied that it was necessary to detain him with a view to prevent him from action in a manner prejudicial to maintenence of public order :- (1) On 15th August, 1981 at 5.30 P.M. the petitioner along with his companions, armed with rifles, reached village Kotra Makrandpur within the jurisdiction of police station Sakheti, district Kanpur Dehat where a Dangal was taking place and large number of villagers had collected. They went there to kill Chhotey Singh, resident of village Kotra Makrandpur and fired at him while he was watching the Dangal. Fortunately Chhotey Singh escaped being injured and he ran and took shelter in his house. In the meantime, the petitioner and his companions started firing at the head constables of the Armed Guards and three Constables who were posted there and thereafter the petitioner and his companions continued to fire and reached the house of Chhotey Singh. This firing by the petitioner and his companions went on for about 21/2 hours in which 200 rounds were fired. This activity of the petitioner created a panic in village Kotra Makrandpur and other neighbouring villages. In this connection Chotey Singh had lodged a written first information report at about 12.15 in the night between 15th/l6th of August, 1981 in which the petitioner had been named. On the basis of the said first information report Crime Case no. 106 of 1981, under Sec. 147/148, 109 and 307 IPC was registered agninst petitioner and 15 or 20 other persons for having committed the crime along with 15 or 20 other unknown persons. The case was pending in the court of A.D.S. J. and 13th of December, 1983 was fixed therein. A copy of the first information report as also that the general diary report by which the case was registered at the police station on 16th of August, 1981 was being attached. Aforementioned activity of the petitioner was very much prejudicial to maintenance of public order. (2) On the night between 4th and 5th of November, 1981 the petitioner along with his companions had committed dacoity at the house of one Harish Chandra, resident of Narsinghpur, police station Ghatampur district Kanpur Dehat. In that dacoity brother of Harish Chandra was killed by the petitioner and his companions. The house of Harish Chandra was located in a densely populated area and the activity of the petitioner and his companions created an atmosphere of scare and panic in the locality. Harish Chandra lodged an F.I.R. on the basis of which Crime Case No. 553 of 1981, under Sec. 396 IPC was registered at police station Ghatampur in which the petitioner was named as one of the dacoits. During investigation of the case, an attempt was made to arrest the petitioner but he continued to abscond. On 21st of December, 1981, the petitioner and others has assembled within the jurisdiction of police station Kotwali, Moraina, Madhya Pradesh with a view to commit da