- (1.) he petitioner challenges the order, dated October 24, 1972, of his detention made by the District Magistrate, Murshidabad under S.3 (1) of the Maintenance of Internal Security Act, 1971 (for short the Act). The order states that the impugned action is taken with a view to prevent the petitioner from acting in a manner prejudicial to the maintenance of supplies and services essential to the community.
(2.) The detention order is founded on two incidents of theft, particulars of which are as under: "That on 18-6-1972 at about 17-00 Hrs. you along with your associates stole away M. S. Angles worth about Rs. 1900/ form nine electric towers in the Beldanga Gokarna 66 K.V. Line in Kandi P.S. Area, seriously affecting maintenance of supplies and services of power and light which is essential to the community; That on 26-7-72 at about 18.00 Hrs. you along with your associates stole away M. S. Angles worth about Rs.2,000/-from ten electric of 66 K.V. line near Jorophukuria P.S. Farakka, seriously affecting maintenance of supplies and services of power and light which is essential to the community."
(3.) In response to the rule nisi issued by this Court, the District Magistrate, Murshidabad who had passed the order of detention, filed a counter-affidavit wherein inter alia he has given the reasons for the detention of the petitioner to which we shall refer presently.;