Palekar, J. - (1.) In this petition for a writ of habeas corpus under Article 32 of the Constitution the petitioner had been detained by an order dated 14-9-1972 passed by the District Magistrate, 24 Parganas, in exercise of the powers conferred on him by sub-section 1) r/w sub-section (2) of Section 3 of the Maintenance of Internal Security 1971 (Act 26 of 1971). The order was passed with a view to preventing the petitioner acting in a manner prejudicial to the maintenance of Supplies and Services essential to the community.
(2.) There was only one ground for detention and it was as follows: "That on 10-9-1972 in between 06.30 hrs. and 07.30 hours you and your associates broke open Wagon Nos. PC 12799, NR 35424 and ERC 97048 loaded with foodgrains (Wheat) and committed theft in respect of the same from Canning Rly. Yard. You were subsequently arrested. Your action caused disruption of train services affecting supplies and services essential to the community."
(3.) The affidavit filed by the District Magistrate says as follows: "It appears from the records that the detenu-petitioner is a notorious wagon breaker operating mainly in and around Canning Railway Station, District 24 Parganas." Then the incident referred to in the ground is stated and the affidavit proceeds to say: "The aforesaid activity of the petitioner was prejudicial to the maintenance of supply and services, essential to the community and so he was detained under the said Act.";