Shelat, J. - (1.) This petition reached hearing before us on October 4, 1972. After hearing the parties we came to the conclusion that the order impugned herein and the petitioner's detention thereunder cannot be sustained. We, therefore, ordered the immediate release of the petitioner and said that we would give our reasons for the order later on. We now set out those reasons.
(2.) By this order, dated November 2, 1971 the District Magistrate, Burdwan directed the detention of the petitioner under the Maintenance of Internal Security Act, 26 of 1971, on the ground that such detention was necessary with a view to preventing him from acting in any manner prejudicial to the maintenance of public order. Consequent upon the passing of the order the petitioner was arrested and lodged in jail.
(3.) The ground for detention served on the petitioner was as follows: " On 12-10-71 at 04.15 hours you along with Abu Taleb and others being armed with deadly weapons like kripans and lethals forcefully detained one running truck at Alampur on Suri Road, P. S. Burdwan and committed dacoity in respect of valuable belongings of the truck after assaulting Shri Hardoer Sharma of the said truck. This incident in the early morning on the highway of Burdwan created panic and the people were terrorised and felt a sense of insecurity and were hesitant to pursue their normal trade and avocation and thereby their even tempo of life was affected adversely.";