Dua, J. - (1.) This is a petition for Habeas Corpus under Article 32 of the Constitution.
(2.) The petitioner, Beni Madhab Shaw alias Benia, was ordered to be detained by the District Magistrate, 24 Parganas under Section 3 (1) and (2) of the Maintenance of Internal Security Act, 1971 (Act 26 of 1971), as per order dated May 10, 1972. He was arrested on the same day.
(3.) The grounds of detention were also served on the petitioner on that very day at the time of his arrest. Those grounds read: " 1. That on 24-3-72 at about 2.25 hours, you along with your associates committed theft of 4 bags of rice, of breaking open wagon No. 40765 of running goods train No. 733 UP between Naihati R/S and Baroda Bridge, being challenged by duty RPF patrol party you escaped leaving one bag of rice. Your action affected supplies and services then and there. You have thus acted in a manner prejudicial to the maintenance of supplies and services essential to the community. 2. That on 26-4-72 at about 05-30 hours you along with other 12/14 associates attacked and broke open wagon No. NR-84506 of running food-grain special train No. 731 UP on the Naihati Station Yard in between Naihati R/S. and Baroda Bridge, The R.P.F. Train escort parties challenged you and your associates when you attacked the R.P.F. party with ballasts and pelted stones and in self defence R.P.F. party fired back. You and your associates then fled away. The train services was disrupted then and there and one bag of wheat was recovered from the spot. Your actions affected supplies and services there. You have thus acted in a manner prejudicial to the maintenance of supplies essential to the community.";