PALEKAR, J. - (1.) This is a petition under Article 32 of the Constitution for a Writ or Order in the nature of habeas corpus.
(2.) The petitioner was detained by an order of the District Magistrate, 24-Parganas, passed on 24-5-1973 in exercise of the powers conferred by sub-section (1) read with sub-section (2) of S.3 of the Maintenance of Internal Security Act, 1971 with a view to preventing the petitioner from in a manner prejudicial to the maintenance of Pubic Order'. The petitioner was arrested on 30-5-1973 and the order along with the grounds was served on him on the same day. The grounds are as follows: "1. On 11-11-1972 at 20.45 hrs. you along with your associates being armed with pipe guns and other deadly weapons attacked the house of Prasanta Sikdar of Nimta, P.S. Dum Dum and severely assaulted the inmates of the house as he opposed your rowdy and anti-social activities. You also threatened the inmates of the house and other by-standers with dire consequences, if they report the matter to local police. Your act created a panic and scare in the locality which disturbed public order. 2. On 30-4-1973 at about 00.30hrs. you along with your associates entered the house of one Sudhir Seal at Saptagram, Nimta P.S. Dum Dum posing yourself to be local Congress workers. You robbed cash, ornaments, radio valued Rs.3,400/- from Sudhir Seal threatening him and the inmates of his house at the point of pistol. You also threatened the local people who came to the help of Sudhir Seal with dire consequences if they come forward. Your act created a panic and scare in the locality which disturbed public order. 3. On 1-5-1973 at 14.73(sic)hrs. you along with your associates were found at Bisharpara Road, Nimta P.S. Dum Dum in a rickshaw. On being confronted by local police, you tried to open fire from a loaded pistol aiming at police and other by-standers. But you were arrested with a loaded pistol and two rounds of live cartridges. Your act created a panic and scare in the locality which disturbed public order."
(3.) It appears that on these very grounds First Information Reports of the commission of cognizable offences had been filed. The accused was not to be found when the first two offences were being investigated but he was found in the circumstances referred to in ground No. 3 and was promptly arrested. He was produced before the Magistrate and was remanded into custody. While he was thus in custody on 30-5-1973, he was served with the detention order which had been passed on 24-5-1973.;