( 1 ) BY this petition under Section 491 (a) (b) of the Code of Criminal Procedure the petitioner challenges the legality of his brother Santokhsingh's detention under an order passed by the District Magistrate, Raipur, in exercise of the powers conferred upon him by Clause (b) of Sub-rule (1) of Rule 30 of the Defence of india Rules, 1962 read with the Government of Madhya Pradesh Home department Order No. 33-4314/i-X (W)62, dated the 20th November, 1962.

( 2 ) ALTHOUGH a number of grounds have been set out in the petition, the only ground which was pressed before us at the time of the hearing, was that the district Magistrate had not, at any time after the amendment of Rule 30 of the defence of India Rules under Notification No. G. S. Rule 1818, dated 28-l2-1962, been authorised to exercise on behalf of the State Government the power to detain any person with a view to prevent him from acting in any manner prejudicial to the maintenance of supplies essential to the life of the community.

( 3 ) IT is not disputed that prior to its amendment in December, 1962 the first paragraph of Rule 30 did not contain the words 'or the maintenance of supplies and services essential t